What is the name of your state (only U.S. law)? New York
In my divorce agreement (I think it's the agreement - the judge signed it March '07) it states "The marital home is to be sold and the profits (shared or split - not sure) equally". I have been solely paying the mortgage since 9/07 ($27K), made repairs/improvements ($12K), paid any and all bills on the property ($4K) and I now have a buyer. The buyers have signed the contract and given a $25K downpayment as well as pre-approval on a mortgage. I signed the contract and now my ex is refusing. He stated he doesn't care if it goes into foreclosure (why should he - he won't lose anything as he hasn't been paying anything).
Legally, can I go to court to force the sale or force him to go along with the sale? I read in another thread (which wasn't NY) that perhaps a judge can allow one party to sell the property if the other party is being difficult (I'm searching for the exact thread).
https://forum.freeadvice.com/divorce-separation-annulment-36/ex-wont-refi-my-name-off-house-441248-p2.html#post2106327
I think I edited this correctly - it was OG but it wasn't about selling, it was about refinancing.
I called the Supreme Court Office for the Self-Represented and they suggested I go before the same judge who signed the divorce but I'm not sure what paperwork/motion I need to present. I've searched the archives and though some threads are similar, I want to be sure for NY I handle this correctly. The tentative closing date is 1/5/09.
Any suggestions would be great...my head won't stop pounding trying to figure out how to not lose this buyer - I can't afford to pay this anymore.
Thanks.
In my divorce agreement (I think it's the agreement - the judge signed it March '07) it states "The marital home is to be sold and the profits (shared or split - not sure) equally". I have been solely paying the mortgage since 9/07 ($27K), made repairs/improvements ($12K), paid any and all bills on the property ($4K) and I now have a buyer. The buyers have signed the contract and given a $25K downpayment as well as pre-approval on a mortgage. I signed the contract and now my ex is refusing. He stated he doesn't care if it goes into foreclosure (why should he - he won't lose anything as he hasn't been paying anything).
Legally, can I go to court to force the sale or force him to go along with the sale? I read in another thread (which wasn't NY) that perhaps a judge can allow one party to sell the property if the other party is being difficult (I'm searching for the exact thread).
https://forum.freeadvice.com/divorce-separation-annulment-36/ex-wont-refi-my-name-off-house-441248-p2.html#post2106327
I think I edited this correctly - it was OG but it wasn't about selling, it was about refinancing.
I called the Supreme Court Office for the Self-Represented and they suggested I go before the same judge who signed the divorce but I'm not sure what paperwork/motion I need to present. I've searched the archives and though some threads are similar, I want to be sure for NY I handle this correctly. The tentative closing date is 1/5/09.
Any suggestions would be great...my head won't stop pounding trying to figure out how to not lose this buyer - I can't afford to pay this anymore.
Thanks.
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