Wife filing motion to sell house

[broadwayap]

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

My home is listed for sale. We got an offer that fell apart. Buyers couldn't get a mortgage. Now I don't want to sell my wife does we are not divorced yet still dragging on. I offered her the amount we would each come out with from the sale of the house but she won't accept it. She wants to sell I don't so she's filing a motion to have me agree to a new offer which is for less than the previous. My lawyer said sell but I don't want to. What can I expect from the motion being filed and is there anything I can do.

 

[OHRoadwarrior]

If you come up with an appraisal and selling expense record. As long as you have cash money for her portion of the asset division, the court could care less if you keep the house.

 

[LdiJ]

If you come up with an appraisal and selling expense record. As long as you have cash money for her portion of the asset division, the court could care less if you keep the house.

You are forgetting an important factor...getting the mortgage out of the wife's name. If he can refinance the house for enough to pay off the existing mortgage and buy out his wife's share then he has a decent shot. If he cannot, he is going to get ordered to sell.

 

[stealth2]

Are they divorcing? That is so not clear....

 

[Bali Hai]

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

My home is listed for sale. We got an offer that fell apart. Buyers couldn't get a mortgage. Now I don't want to sell my wife does we are not divorced yet still dragging on. I offered her the amount we would each come out with from the sale of the house but she won't accept it. She wants to sell I don't so she's filing a motion to have me agree to a new offer which is for less than the previous. My lawyer said sell but I don't want to. What can I expect from the motion being filed and is there anything I can do.

Been there done that. The bottom line is your stbx wife doesn't want you to have the house and that's why she's acting like an idiot.

 

[Bali Hai]

You are forgetting an important factor...getting the mortgage out of the wife's name. If he can refinance the house for enough to pay off the existing mortgage and buy out his wife's share then he has a decent shot. If he cannot, he is going to get ordered to sell.

What do you mean "pay off the existing mortgage and buy out his wife's share then he has a decent shot"?? If he is able to do that, it's a no brainer, he gets the house.

 

[Bali Hai]

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

My home is listed for sale. We got an offer that fell apart. Buyers couldn't get a mortgage. Now I don't want to sell my wife does we are not divorced yet still dragging on. I offered her the amount we would each come out with from the sale of the house but she won't accept it. She wants to sell I don't so she's filing a motion to have me agree to a new offer which is for less than the previous. My lawyer said sell but I don't want to. What can I expect from the motion being filed and is there anything I can do.

If your lawyer doesn't have a damn good reason for telling you to sell, fire him/her, and hire someone who will represent your interests.

 

[latigo]

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

My home is listed for sale. We got an offer that fell apart. Buyers couldn't get a mortgage. Now I don't want to sell my wife does we are not divorced yet still dragging on. I offered her the amount we would each come out with from the sale of the house but she won't accept it. She wants to sell I don't so she's filing a motion to have me agree to a new offer which is for less than the previous. My lawyer said sell but I don't want to. What can I expect from the motion being filed and is there anything I can do.

How charitable of you, this noble gesture on your part to purchase her interest in the marital home with her own money! And you get to dictate the $$$!

What can you expect of the results of her pending motion for an interlocutory order directing that the home be sold?

Apparently your lawyer has told you and you don't like it.

 

[Bali Hai]

How charitable of you, this noble gesture on your part to purchase her interest in the marital home with her own money! And you get to dictate the $$$!

What can you expect of the results of her pending motion for an interlocutory order directing that the home be sold?

Apparently your lawyer has told you and you don't like it.

At the risk of sounding stupid, just how do you come away with that conclusion? If OP pays over the amount she would have gotten from selling the house and refinances her off the mortgage, just how would she have gotten anymore by selling?

You must be related to my ex-wife's attorney.

 

[LdiJ]

Are they divorcing? That is so not clear....

He said that they are "not divorced yet". That sounds like they are divorcing.

 

[latigo]

At the risk of sounding stupid, just how do you come away with that conclusion? If OP pays over the amount she would have gotten from selling the house and refinances her off the mortgage, just how would she have gotten anymore by selling?

You must be related to my ex-wife's attorney.

You seem to be bent on revising the husband's post. Otherwise, where in the "unedited version" do you find any mention of the subject of a refinance?

All I gather from it is his "professed" desire to sell. But a suspect desire because of his imposed condition that it must be on terms acceptable to him! Which is apparently impeding any such sale, holding her in financial limbo and, "dragging on the divorce".

A blessing to the lawyers I'm sure, but a condition that she doesn't like and is going to do something about it! All to this whiner's chagrin!

Secondly, what do you think the odds are that these two litigious combatants would settle on a dollar figure as compensation for her fair share of the equity in the home "based upon what she would have gotten by a (theoretical) sale"? A price based on sheer conjecture of the selling of a home that isn't selling?

And where would the funds be to enable him to pay her half of he equity? He speaks only in terms of the proceeds of an eventual sale, nothing said about his having separate assets.

And if not from his separate estate, then by his refinancing the exiting mortgage lien? Which would require divesting her of ownership and leave her to his mercy. Frustrating examples of which we find over and over again in this very forum!


[SUP]Incidentally, I'll need more info to know if I'm related to your ex's attorney. What color is his Porsche?[/SUP]

 

[Bali Hai]

You seem to be bent on revising the husband's post. Otherwise, where in the "unedited version" do you find any mention of the subject of a refinance?

I see, you are taking the liberty of purporting that as not in the post and therefore non-existent whether or not that's the case.

All I gather from it is his "professed" desire to sell. But a suspect desire because of his imposed condition that it must be on terms acceptable to him! Which is apparently impeding any such sale, holding her in financial limbo and, "dragging on the divorce".

BS, OP stated that he is willing to buy her out at the selling price of the house.

A blessing to the lawyers I'm sure, but a condition that she doesn't like and is going to do something about it! All to this whiner's chagrin!

Hot air, the wife doesn't want OP to have possession of the house post divorce, and that's that.

Secondly, what do you think the odds are that these two litigious combatants would settle on a dollar figure as compensation for her fair share of the equity in the home "based upon what she would have gotten by a (theoretical) sale"? A price based on sheer conjecture of the selling of a home that isn't selling?

That's why we have professional appraisals.

And where would the funds be to enable him to pay her half of he equity? He speaks only in terms of the proceeds of an eventual sale, nothing said about his having separate assets.

He might have some funds to enable him to pay her, unless the lawyers have robbed him blind, as is usually the case.

And if not from his separate estate, then by his refinancing the exiting mortgage lien? Which would require divesting her of ownership and leave her to his mercy. Frustrating examples of which we find over and over again in this very forum!

She wants her money and is willing to accept less so OP can't have ownership of the house. What's wrong with that picture Mr. Attorney?


[SUP]Incidentally, I'll need more info to know if I'm related to your ex's attorney. What color is his Porsche?[/SUP]

The ex's attorney was getting a divorce himself during my divorce. Last I knew, he was driving a blue Dodge Neon.

 

[OHRoadwarrior]

You are assuming the house in not owned free an clear. Some of us do pay them off early.

 

[single317dad]

I think the question is, where does OP plan to get the funds to pay off his wife? If he's willing to offer her equal consideration in the divorce (e.g., if she gives him her $100k equity in the house, he gives her his $100k equity in the IRA), then I don't see a problem with OP's approach. However, if he plans to pay her with marital proceeds (any money which an equitable portion is rightfully hers anyway) then he won't get far.

 

[Bali Hai]

You are assuming the house in not owned free an clear. Some of us do pay them off early.

Great point. Our house was paid off and they (ex and lawyer) still tried to muddy the water in hopes to get more than they were entitled. At first I thought they were just stupid, but there was a method to their madness, they were just plain idiots.