Ex still on house Title- help?!

[meghansmith]

(MD)

I have been divorced for 6+ years; I have three children with my ex-husband. I still live in the home that we own together, though the loan for the house is only on my name -(We are both on the house deed). Even though he was supposed to sell me his share of the house two weeks after the divorce went into effect as it was ordered by divorce decree.

Two weeks after the divorce he sent over to the house several appraisers to appraise the home, and told me that I am making every one of them "think that the house is in a terrible condition" so I will buy his part below the market price. Therefore, he refuses to sell me his part".

We have purchased the house during the real-estate boom and paid high price for it. The house is currently appraising (by two separate appraisers that i have brought) over $100,000 under our purchased price, and I am paying over $3100 in monthly payments + taxes maintenance, regular upkeep, and had to replace the old roof. I also had to make major repairs to bathrooms that were in a decaying and moldy condition and fully replace the heat furnace.

My concern of course is that I continue to make monthly mortgage payments, as well as repairs and improvements, he is happily owner of half with none of those responsibilities, and stands to benefit greatly without any of the costs.

Is there any way to remove him from the title, or any other recourse for someone in my situation? He refuses to sell me his half at the price that the house is currently valued.

Any advice is very much appreciated!

Meghan SWhat is the name of your state (only U.S. law)?

 

[justalayman]

I don't know if it's too late or not but the proper action to take is to go back to the court that entered the order and ask they enforce the order.

 

[mistoffolees]

I don't know if it's too late or not but the proper action to take is to go back to the court that entered the order and ask they enforce the order.

It shouldn't be too late.

I would get written estimates from 2 or 3 realtors and possibly a paid formal appraisal, calculate his 1/2 and then go to court asking that the court order him to sign a quit claim deed in exchange for his 1/2 of the equity.

However, note that it becomes complicated by your delay in enforcing the order. Is the correct amount 1/2 of his equity at the time of divorce or 1/2 of the current equity? That is, should he be penalized by the drop in home prices and benefit from the amount you've paid against the mortgage? There are arguments both ways. In fact, he could even argue that he should get the home value at the time of divorce minus the CURRENT mortgage balance - since you've delayed in enforcing the order. OTOH, if you could prove that HE is the one that prevented the deal, you could argue the opposite. There really isn't a simple answer.

If it were me, I'd present it to the judge with 1/2 of the current equity and present evidence of any effort you made to get him to agree to the transfer during the past 6 years. The judge could go either way, though.

To other readers, PLEASE do yourself a favor. Financial issues related to a divorce do not get better with time. Whether it's a home or a retirement fund, there is rarely much to be gained by delaying. It will make everyone's life a lot simpler and easier if you resolve ALL the financial issues at the time of divorce and don't let them drag out.

 

[justalayman]

To other readers, PLEASE do yourself a favor. Financial issues related to a divorce do not get better with time. Whether it's a home or a retirement fund, there is rarely much to be gained by delaying. It will make everyone's life a lot simpler and easier if you resolve ALL the financial issues at the time of divorce and don't let them drag out.

extremely good advice.



and to add;

until you take care of all the ties that bind the two of you, you will be forced into dealing with the other party. Isn't that counterproductive? After all, isn't the point of a divorce to be able to not be involved with the other party?
of course, unless you don't really want to live a life without the other party.

 

[FlyingRon]

What did the property settlement say at the time of divorce? Did it say that he should get half the appraised value then?

 

[mistoffolees]

What did the property settlement say at the time of divorce? Did it say that he should get half the appraised value then?

Excellent point - I'm sorry I missed it.

OP, what does the order say about the home? Word for word, but without the names.

 

[meghansmith]

word by wor from the divorce decree - thank you for your input

(I am the Defendant.)

"ORDERED, that the marital home shall be appraised and that the appraiser will be selected by November 27, 2006. If the parties cannot agree on an appraiser, then the parties will consult with attorney MR xxxxxxxxxxxxx for a recommendation as to an appraiser. Both parties shall be permitted to be at the martial home at the time the appraisal is being conducted. Within forty-five (45) days of the appraisal, but no later than 60 days from November 20, 2006, the Defendant may buy the Plaintiff out of his share of the marital home. The buyout price payable by Defendant to Plaintiff within this time for the marital home will be one-half of the following calculation: the appraised value, less six percent of the appraised value, less the outstanding balance on the mortgage). Should the Defendant fail to buy Plaintiff’s share within forty-five (45) days of the appraisal, but no later than 60 days from November 20, 2006, then the parties shall list the marital home for sale and cooperate in the sale of the marital home. The proceeds of the sale of the home shall be divided equally between the parties, any costs of necessary repairs in order to sell the home shall be shared equally, with reimbursement being made to either party who advances the other party’s share of the cost of repairs required for sale; and it is further"

 

[mistoffolees]

(I am the Defendant.)

"ORDERED, that the marital home shall be appraised and that the appraiser will be selected by November 27, 2006. If the parties cannot agree on an appraiser, then the parties will consult with attorney MR xxxxxxxxxxxxx for a recommendation as to an appraiser. Both parties shall be permitted to be at the martial home at the time the appraisal is being conducted. Within forty-five (45) days of the appraisal, but no later than 60 days from November 20, 2006, the Defendant may buy the Plaintiff out of his share of the marital home. The buyout price payable by Defendant to Plaintiff within this time for the marital home will be one-half of the following calculation: the appraised value, less six percent of the appraised value, less the outstanding balance on the mortgage). Should the Defendant fail to buy Plaintiff’s share within forty-five (45) days of the appraisal, but no later than 60 days from November 20, 2006, then the parties shall list the marital home for sale and cooperate in the sale of the marital home. The proceeds of the sale of the home shall be divided equally between the parties, any costs of necessary repairs in order to sell the home shall be shared equally, with reimbursement being made to either party who advances the other party’s share of the cost of repairs required for sale; and it is further"

Then the most plausible scenario is that you get the home sold and split the proceeds at the time of sale.

Where's the part about lowering the price 2% every 60 days?

I would get an appraisal from good realtors on what the house could realistically expect to sell for within a reasonable time period and then ask ex to agree to put it on the market at that price. If he refuses, I'd go back to court to get an order for you to control the sale since ex will not cooperate.

 

[meghansmith]

I have been running my business out of the home for the past 6 years, and would like to keep the house. Relocation in my situation is out of the question, since my credit has been severely affected by the divorce and the economy. I would not qualify for a new mortgage and that is the main reason I would like to keep the house. That is sore point - I think - Also, even if we sold to a third party I would owe monies to the lender since im the only one on the loan. i don't think the price would cover the debt -

 

[mistoffolees]

I have been running my business out of the home for the past 6 years, and would like to keep the house. Relocation in my situation is out of the question, since my credit has been severely affected by the divorce and the economy. I would not qualify for a new mortgage and that is the main reason I would like to keep the house. That is sore point - I think - Also, even if we sold to a third party I would owe monies to the lender since im the only one on the loan. i don't think the price would cover the debt -

Sorry, but no one can perform magic. The home is worth whatever it's worth. If it's worth less than the loan, then it's underwater and no one can change that.

If you're paying $3100 a month right now, there's no reason you can't afford to live somewhere else. It might be a rental for a year or two (or even a lease-to-own), but you can't argue that you HAVE to have that house.

Your current order says that you have to sell the house. As I read it, the part about you being able to buy it was only good for 60 days. You should not have sat on it for years. That's going to make things more complicated - and will probably cost you money in the end. When ex refused to sell to you at the appraised value in 2006, you should have filed for contempt then.

Your only choices are:
1. Ask the judge to let you sell the house at current market value without interference from ex.
or
2. Ask the judge to let you buy it from ex at current market value (less debt and selling costs, of course).

There's no guarantee that the judge will do either of those, but #2 is probably more likely than #1. Whatever you do, quit messing around. You're not helping yourself by delaying for years.