2 years after the divorce and our house still has not sold

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Latest post 06-14-2010 4:57 PM by Drew. 19 replies.
  • 06-14-2010 11:24 AM

    • Annick
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    2 years after the divorce and our house still has not sold

    My divorce decree is stating that I am granted to live in our house provided I pay for it and all utilities until it sells. As I was using it, there was not an issue with it until recently I moved out based on an offer on the house. Unfortunately the potential buyer's financing fell through and the house is back on the market, only I am no longer in it but still have to pay for it. My ex has made it clear that it is my problem so I would like to know if there is a way to file a motion to modify the divorce decree, provided we have tried to sell this house for 2 years, I moved out , had it professionally cleaned, have been paying without delays for almost 2 and a half years (I started taking over the full mortgage as soon as my ex left) and now being in the situation to either have to brake a lease agreement, loosing a few grands in the process or eventually facing foreclosure unless it sells rapidly. It has been very difficult to sell and my ex has not helped, exept to complain that I did nothing to sell the house and even creating issues with realtor agents (one he accused of forgery and the last one to whom he wrote a week before the initial closing date that he was looking into cancelling the sale due to the fact he could not get his stuff out of the house on time for the closing). He has indicated multiple times that he won't pay for anything since I am the one who was in the house with our children. I received information that I could file a motion to modify the decree but I would like to know what the odds are that I could potentially obtain a revision when doing this - negotiating outside the court is obviously not an option in this case, as it has been totally insane over the last 2 years.

  • 06-14-2010 12:37 PM In reply to

    Re: 2 years after the divorce and our house still has not sold

    I seriously doubt that a court will agree to modify your divorce decree.

    You shouldn't have signed any leases on anyplace or moved until the sale actually closed. Your predicament is your own fault. I don't blame your ex for not cooperating.

    However, if you don't care about trashing your credit, you have the option of simply not making the payments and abandoning the house back to the mortgage company, along with any consequences that might entail.

     

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  • 06-14-2010 12:54 PM In reply to

    • Annick
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    Re: 2 years after the divorce and our house still has not sold

    I do care about trashing both credits and have not opted for anything of the kind, that would be unreasonable - the very reason I took over the payments when my ex left as I knew it would be an issue and I needed to ensure my kids could have a roof over their heads. My ex cooperation is not even at stake here. If anything he has created additional unnecessary problems to sale the property. Moving out was part of the deal for selling the house and now yes I am stuck between a rock and a hard place - that eventually can be solved. The REAL issue at stake here is that the house has not sold in over 2 years. Even if I had not moved, I would still consider this option. The deal was to sell the house, and it has not sold.

  • 06-14-2010 1:00 PM In reply to

    Re: 2 years after the divorce and our house still has not sold

    I guess that is an option, but EX could file a contempt of court motion against you for not paying all costs associated with the house then you for all costs and legal fees. Pow! Bang! Bam!

    Why not auction off the house for the amount owed and walk away?

  • 06-14-2010 1:01 PM In reply to

    Re: 2 years after the divorce and our house still has not sold

    Annick:
    Moving out was part of the deal for selling the house

     

    Per your deal with the buyer?  You MIGHT be able to sue for detrimental reliance if you signed a lease, but only a local attorney can tell you if it's possible.

    You MIGHT convince a judge to modify, but no one can tell you if he'll agree.

    However, you might have to realize that - in this economy - selling the home at a "steal" may be the only way to go, even if you have to lose $.

  • 06-14-2010 1:03 PM In reply to

    Re: 2 years after the divorce and our house still has not sold

    What was supposed to happen to the equity in the house when sold?  If your ex was supposed to receive any of the equity- then- no- you don't have the option of abandoning the house as your ex could charge you with dissipating the assets.

    As it sounds like you requested that you remain the home- you need to remain in the home.

  • 06-14-2010 1:38 PM In reply to

    • Annick
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    Re: 2 years after the divorce and our house still has not sold

    I did not request to stay in the house, I just did not have a lot of other options since I had been paying for it since my ex had left, paying nothing for it and not even helping with the kids day case expenses. I had no more savings at the time and could not move anywhere. Anyway thanks I just needed to explore other avenues but this is not the end of the world for me, I have other options. The insanity remains that we both can't afford to sell for a loss and the house is priced under current market value. I am not stupid to the point of jeopardizing my kids future and throwing everyone into bankruptcy, the moving-out was part of a leap of faith I took, not because I am totally stupid, regardless of what you think., just because something needed to happen after 2 years.

  • 06-14-2010 1:48 PM In reply to

    Re: 2 years after the divorce and our house still has not sold

    Annick:
    the moving-out was part of a leap of faith I took, not because I am totally stupid, regardless of what you think., just because something needed to happen after 2 years.

     

    No one thinks you are stupid; you - along with MANY of many other reasons - are in this position due to the recession.  But not much can be done until the economy improves.  It will, but slowly...not likely with the leaps and bounds of a few years ago.

    Annick:
    The insanity remains that we both can't afford to sell for a loss and the house is priced under current market value

     

    Well, many think the market value is different than it is; suffice to say that "market value" is whatever it actually can sell for....that's capitalism.  Good luck.

  • 06-14-2010 1:50 PM In reply to

    • Drew
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    Re: 2 years after the divorce and our house still has not sold

    Essentially the deal was you lived in home rent free provided you paid all teh bills until it sold--I think you blew it to move out--and the courts are not necessarily going to cure it for you as apparently you have the legal right to move back in--and sell the place for LESS

     

    Its not clear if your note is recourse or not, and if the home is underwater ---you might have some traction to merely let the property sink--but you need to lay that one out on paper quite carefully first.



  • 06-14-2010 1:52 PM In reply to

    • Annick
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    Re: 2 years after the divorce and our house still has not sold

    I have NEVER failed to pay all costs associated with the house, I don't see how he could take me to court for that.

  • 06-14-2010 1:58 PM In reply to

    • Annick
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    Re: 2 years after the divorce and our house still has not sold

    Paying the mortgage in full is hardly "rent free", we are both on the mortgage and I could have asked for part of payment but I did not to avoid any additional drama and crisis - and risk for foreclosure. 

  • 06-14-2010 2:06 PM In reply to

    • Drew
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    Re: 2 years after the divorce and our house still has not sold

    The other person is on the note  and thier equity is tied up and thier ability to get a new mortgage is tied up so yes, in an economic sense you are tying up you ex partner until the place gets sold--and you are not paying them a dime for the apparent sole usage of the premises.



  • 06-14-2010 2:21 PM In reply to

    Re: 2 years after the divorce and our house still has not sold

    According to the status of the house when you entered into the agreement ( was there equity then)- you may want and need to get back into court;  but what are the realistic alternatives?  Turning the house back to the bank; short sale?  While you aren't responsible for paying him anything ( as someone suggested) while you reside in the home-,  any possible alternatives need to be addressed if you are no longer residing in the home and no fault can be attributed to you for no longer residing there.  You can't just let the house go into foreclosure without court intervention and giving your ex the opportunity to provide some resolution.

  • 06-14-2010 2:27 PM In reply to

    • Drew
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    Re: 2 years after the divorce and our house still has not sold

    If a solution is "impossible" under current market  conditions that may be a far better  lever to go back into court than to merely be postured by enemy as failing to move forward to get it sold and laying potential waste to the equitable pot.--its a lot in how the issues are postured--and most folks "know" the market has tanked in most places.

    So "impossibility" may be a good arguement.



  • 06-14-2010 2:29 PM In reply to

    • Annick
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    Re: 2 years after the divorce and our house still has not sold

    yes and you think I created that? I had offered another solution as to free him from the mortgage but he wanted $20k to 25K + for that house, and I even had the bank ran the numbers for me only to see that it was not financially sustainable, especially in this economy. Just how stupid do you think I am? I am paying for the usage of that house, I have been paying for it even when my ex was LEGALLY supposed to pay for it as well. So give me a break, I did not tie him up, he could have gotten out 2 years ago, even a year ago when I offered that solution again. But he wants money out of it (which we both know he won't get). I have tried many different things and all have failed, why do you think I am looking into a different option now having the court involved? Gosh people, I was just asking if it was even remotely possible to modify a decree, not to rob a bank. I guess I got the straight forward answer from one of the lawyers here who said basically that it would be hard to defend that in court. I got it thanks.

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