Petition to sell property

[jwcoop888]

What is the name of your state (only U.S. law)? New Hampshire

My disabled friend's wife moved out on him.

She is the sole name on the mortgage. He filed for divorce. She responded with a petition to sell the condo ahead of the divorce. The petition is pro se on her part, sloppy and she contradicts herself. Does my friend have any way to tell his side or answer this petition? Is it likely to be granted?

 

[justalayman]

Who is on the mortgage is only part of the equation. Who is in title is important as well.

Yes, your friend can object to the sale. Without knowing more it's hard to say much more. If he is entitled to some share of the proceeds he needs to act to protect his share

 

[jwcoop888]

Who is on the mortgage is only part of the equation. Who is in title is important as well.

Yes, your friend can object to the sale. Without knowing more it's hard to say much more. If he is entitled to some share of the proceeds he needs to act to protect his share

His name is on the deed but she is the only one on the mortgage. New Hampshire considers it a marital asst. Seems unusual if a judge would allow this with a divorce pending

 

[single317dad]

His name is on the deed but she is the only one on the mortgage. New Hampshire considers it a marital asst. Seems unusual if a judge would allow this with a divorce pending

Why would it be unusual? There is a pool of marital assets, and a pool of liabilities. After satisfying or dividing the liabilities, the remaining assets will be divided between the parties. If neither party is entitled to assets beyond the equity in the home, then the home must be sold either to satisfy liabilities or to properly divide assets. It's pretty standard.

Put simply, does your friend think there are other assets he can offer his wife in exchange for letting him keep the house?

To answer your first question, he can file an objection to the motion, or request a hearing on the matter, or hire an attorney to represent him.

 

[justalayman]

Not all that unusual of the mortgagor is incapable of paying for the debt and not selling it would be harmful to their financial well being. Of course you can object to the sale or file motions to sequester your share of the proceeds, if any but in reality, unless you agree to the sale, it is very difficult to actually sell the property without your agreement.

Of course, unless you have a valid reason to prevent the sale it could show you to be unduly hostile in the divorce as well which could cause you some problems in the future.

 

[jwcoop888]

Why would it be unusual? There is a pool of marital assets, and a pool of liabilities. After satisfying or dividing the liabilities, the remaining assets will be divided between the parties. If neither party is entitled to assets beyond the equity in the home, then the home must be sold either to satisfy liabilities or to properly divide assets. It's pretty standard.

Put simply, does your friend think there are other assets he can offer his wife in exchange for letting him keep the house?

To answer your first question, he can file an objection to the motion, or request a hearing on the matter, or hire an attorney to represent him.

So, a Motion for Hearing about the specific petition filed with the Court will help him along?

 

[justalayman]

So, a Motion for Hearing about the specific petition filed with the Court will help him along?

With so little to go on its impossible to determine his best action. Surely he will want to be involved in anything that happens so he can protect his interests. Other than that, what specifics he needs to consider are impossible to say.

 

[LdiJ]

What is the name of your state (only U.S. law)? New Hampshire

My disabled friend's wife moved out on him.

She is the sole name on the mortgage. He filed for divorce. She responded with a petition to sell the condo ahead of the divorce. The petition is pro se on her part, sloppy and she contradicts herself. Does my friend have any way to tell his side or answer this petition? Is it likely to be granted?

As others have said, there is simply not enough information here and you do not have enough information for you to get a truly accurate answer. He will not be allowed to keep the condo if he is unable to refinance the condo into his name, for enough money to pay out her share of the equity and cover the existing mortgage.

If she cannot cover separate living expenses and pay the mortgage the condo will end up in foreclosure and he will lose it anyway...unless his disability income is enough to cover the mortgage and all of his living expenses in the short term. He is on the deed so it cannot be sold out from under him nor would there really be any way for her to avoid giving him 1/2 of any proceeds.

Whether or not her petition is granted is going to depend on lots of facts that are not in evidence here. Bottom line: Its all going to depend on finances. Hers and his.

 

[jwcoop888]

As others have said, there is simply not enough information here and you do not have enough information for you to get a truly accurate answer. He will not be allowed to keep the condo if he is unable to refinance the condo into his name, for enough money to pay out her share of the equity and cover the existing mortgage.

If she cannot cover separate living expenses and pay the mortgage the condo will end up in foreclosure and he will lose it anyway...unless his disability income is enough to cover the mortgage and all of his living expenses in the short term. He is on the deed so it cannot be sold out from under him nor would there really be any way for her to avoid giving him 1/2 of any proceeds.

Whether or not her petition is granted is going to depend on lots of facts that are not in evidence here. Bottom line: Its all going to depend on finances. Hers and his.

she makes 50K/yr. He makes 16K. She spent his lump sum disability and Social Security is investigating fraud

 

[OHRoadwarrior]

If it was in a joint account, he will have a hard time proving anything. It sounds like she supported him while disabled, then decided to bail after he obtained disability. His income is low enough he should qualify for HUD housing.

 

[LdiJ]

she makes 50K/yr. He makes 16K. She spent his lump sum disability and Social Security is investigating fraud

Then he clearly cannot refinance the condo and keep it. Therefore there is no point in fighting the sale. He just needs to make sure that he gets his fair share of the equity, assuming there is any.

 

[Bali Hai]

Then he clearly cannot refinance the condo and keep it. Therefore there is no point in fighting the sale. He just needs to make sure that he gets his fair share of the equity, assuming there is any.

Also make sure he gets alimony if it is warranted.

 

[tuffbrk]

Also make sure he gets alimony if it is warranted.

Absolutely - there is a $34k difference in salary. If the marriage was longer than 3 years, they should request it especially in consideration of them being disabled.