Looking for info on divorce real estate sales
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Thread Starter
Join Date: Jun 2012
Posts: 1,452
Looking for info on divorce real estate sales
Two questions: My AXH is threatening to refuse to sell our jointly owned home and to make me rent it out. Does anyone know what my options may be and what the legal process is if I have to force him to sell it?
The divorce agreement gives me most of the equity in our jointly owned home which the Court, at my XAH's request, assigned him to live in and pay all expenses for until it is sold. AXH says that if does not sell by the end of September at a price he wants, he will refuse to sign another sales contract with a realtor and will refuse to lower the asking price.
He says he will take out a mortgage and pay me 2/3 of my equity and share rental "profit" in lieu of paying me the balance of my equity. He became aggressively nasty when I refused this proposition for the third time. This would turn a financial liability for him into a somewhat positive cash flow while trapping my equity under his thumb and subjecting me to the risk of bad tenants, no tenants, damage to house, etc.
I know he cannot do this legally since the Court has signed the divorce decree in which the house will be sold. The house, given the market so far, is unlikely to sell at the current price, partly because it is not in the shape it should be because he has not kept it up properly.
What I don't know is what the process is for making him live up to the provisions of the divorce decree. I know all states may be somewhat different, but any experience, negotiation strategies, knowledge of what the process is likely to be would be helpful.
The second question is: What are the consequences on my credit rating if my XAH defaults on court ordered payments for our jointly owned time shares?
He was ordered by the court to pay all the fees on these properties while we were negotiating the divorce settlement. I just got 3 registered letters and found out that he did not pay the January 2013 bills as the Court ordered him to do, and we are now in default and may lose the properties.
Obviously, now we can't sell them which was the agreement in the divorce settlement. I thought we were paid through January 2014 which would have given us time to sell them, give them away, dispose of them somehow.
If we default on these timeshare properties, will it go against my credit rating? Any strategies on unraveling this mess?
ShootingStar1
The divorce agreement gives me most of the equity in our jointly owned home which the Court, at my XAH's request, assigned him to live in and pay all expenses for until it is sold. AXH says that if does not sell by the end of September at a price he wants, he will refuse to sign another sales contract with a realtor and will refuse to lower the asking price.
He says he will take out a mortgage and pay me 2/3 of my equity and share rental "profit" in lieu of paying me the balance of my equity. He became aggressively nasty when I refused this proposition for the third time. This would turn a financial liability for him into a somewhat positive cash flow while trapping my equity under his thumb and subjecting me to the risk of bad tenants, no tenants, damage to house, etc.
I know he cannot do this legally since the Court has signed the divorce decree in which the house will be sold. The house, given the market so far, is unlikely to sell at the current price, partly because it is not in the shape it should be because he has not kept it up properly.
What I don't know is what the process is for making him live up to the provisions of the divorce decree. I know all states may be somewhat different, but any experience, negotiation strategies, knowledge of what the process is likely to be would be helpful.
The second question is: What are the consequences on my credit rating if my XAH defaults on court ordered payments for our jointly owned time shares?
He was ordered by the court to pay all the fees on these properties while we were negotiating the divorce settlement. I just got 3 registered letters and found out that he did not pay the January 2013 bills as the Court ordered him to do, and we are now in default and may lose the properties.
Obviously, now we can't sell them which was the agreement in the divorce settlement. I thought we were paid through January 2014 which would have given us time to sell them, give them away, dispose of them somehow.
If we default on these timeshare properties, will it go against my credit rating? Any strategies on unraveling this mess?
ShootingStar1
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Join Date: Apr 2008
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I really think this is something you should run by legal counsel. As you say, the laws are different in each state. I don't see how he could just defy a court order, which is basically what a divorce decree is.
As for how your credit would be affected, I have no idea, but again, legal counsel may be able to help you with this. I'm sorry you are going through this. Why do some people have to be so hateful?
As for how your credit would be affected, I have no idea, but again, legal counsel may be able to help you with this. I'm sorry you are going through this. Why do some people have to be so hateful?
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Join Date: Oct 2006
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Get. A. Lawyer.
That's the only advice I have.
He doesn't give a rat's patootie about the law. It doesn't apply to him.
Make him see the law applies equally to everyone. Even narcissistic bastids.
That's the only advice I have.
He doesn't give a rat's patootie about the law. It doesn't apply to him.
Make him see the law applies equally to everyone. Even narcissistic bastids.
A work in progress
Join Date: Jul 2010
Location: South Jersey
Posts: 16,633
Here in NJ you would file what's called a "motion in support of litigant's rights," which is basically a proceeding to enforce an order that's already in effect. I believe most states have similar procedures. The order is already in place, so it shouldn't be complicated. I always think it's best to have a lawyer, and if he's forcing you to go to court he will likely have to pay your attorney's fees. You can also call the court clerk and ask if there is a "pro se packet" so you could file the motion yourself. The papers are not complicated. Again--all you're doing is trying to force him to follow the order.
He can't take out a mortgage without your agreement, so that's an empty threat.
If you're concerned about your credit rating, you could pay the timeshares and seek reimbursement in the court at the same time you file your motion. It's only one month that wasn't paid, right?
He can't take out a mortgage without your agreement, so that's an empty threat.
If you're concerned about your credit rating, you could pay the timeshares and seek reimbursement in the court at the same time you file your motion. It's only one month that wasn't paid, right?
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Thread Starter
Join Date: Jun 2012
Posts: 1,452
Thanks, all. I will call my lawyer tomorrow. Lexie, it is the whole year of 2013 that isn't paid.
It may be worth it to pay, if he won't when I tell him that his credit will be shot. That may be enough to get him to do it.
What a royal pain-in-the-*ss he is.
I'm going up to the house when he is away and packing up the last of the stuff I want and hiring a van and getting the last of it out. Done. Bye-bye.
And going to keep on living my own life from now forward.
He's dead meat. He's history.
ShootingStar1
It may be worth it to pay, if he won't when I tell him that his credit will be shot. That may be enough to get him to do it.
What a royal pain-in-the-*ss he is.
I'm going up to the house when he is away and packing up the last of the stuff I want and hiring a van and getting the last of it out. Done. Bye-bye.
And going to keep on living my own life from now forward.
He's dead meat. He's history.
ShootingStar1
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Join Date: Jul 2013
Location: Alabama
Posts: 164
I had my XH (not an A) tell me I had to move our three kids out of the house so he could sell it. I didn't take alimony for a 15+ year marriage and three kids because I thought I would get half of what the house sold for along with being able to move to a different state. He moved his then gf now wife into the home. Stopped paying taxes and mortgage. They both make six figures each and could well afford the home. They put the house into foreclosure, saved up cash and bought a bigger house on the water in her name. Thankfully, my name was not on the mortgage so it didn't affect my credit. But, if I had only gone back to court and enforced the judgement, he would not have been able to do that. Do NOT believe anything he tells you. He can say what he wants, it doesn't make it true. Go to your county's clerk of court office (you can do this online) there are "do it yourself" forms to file motions. You can file a motion for contempt of court orders. The judge will not tolerate someone not complying with court orders. If you go to court once he may get a slap on the wrist. If he does it again and you have to go back, the judge will be very tough in him. You can call your clerk of court office and they will walk you through the steps you need to take. They will also help you with legal aid numbers for free or low cost legal help, if you cannot afford an attorney and don't want to do this on your own. I wish I had it all to do over, I would enforce the court orders. I didn't do that and now my children and I are paying the price for it.
I hope it all works out for you!!!
I hope it all works out for you!!!
A work in progress
Join Date: Jul 2010
Location: South Jersey
Posts: 16,633
If you can afford to pay the timeshares yourself to avoid legal action, do it. Include it in your motion and he will have to reimburse you.
Yup, I think he is just trying to muscle you into something you have no obligation to agree to. The sooner you act, the better.
What a jerk.
Yup, I think he is just trying to muscle you into something you have no obligation to agree to. The sooner you act, the better.
What a jerk.
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Join Date: Jun 2013
Posts: 136
ShootStar1:
I can't help you with the timeshares but LexiCat's advice is good on them.
Yes he is in violation if he tries to rent it out. But before you go to court get an appraisal done on the property and demand that it be listed at that appraised value and any offer with 5% of that value must be accepted (put on court order & include appraisal). The appraisal costs approximately $350 to $400. This will stop him from listing with another agent at a different price. Also just for your info--if your name is on the deed and he lists with a real estate office without your signature--that listing is not valid and that office cannot hold claim to that listing. So when you go to court have an agent picked out that you would like to use--your lawyer can usually give name of a good one. He is violating 3 court orders here--go back to court & force the sale & since he's behind on the time share--make his portion of proceeds of the home pay the time share if he is keeping them. Just some suggestions.
I can't help you with the timeshares but LexiCat's advice is good on them.
Yes he is in violation if he tries to rent it out. But before you go to court get an appraisal done on the property and demand that it be listed at that appraised value and any offer with 5% of that value must be accepted (put on court order & include appraisal). The appraisal costs approximately $350 to $400. This will stop him from listing with another agent at a different price. Also just for your info--if your name is on the deed and he lists with a real estate office without your signature--that listing is not valid and that office cannot hold claim to that listing. So when you go to court have an agent picked out that you would like to use--your lawyer can usually give name of a good one. He is violating 3 court orders here--go back to court & force the sale & since he's behind on the time share--make his portion of proceeds of the home pay the time share if he is keeping them. Just some suggestions.
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Join Date: Jun 2012
Posts: 1,452
Flicka, the appraisal is a great idea. I've just written to my divorce attorney about both the timeshare and house sale problems.
In addition, I told the attorney about my XAH's behavior - - when the first realtor showed the house, XAH wrote to the listing realtor that he did not believe the person was really a legitimate realtor, and it was all a scam to case the house for a burglary. The listing realtor was at both of the showings we have had, and was able to refute XAH's paranoid nonsense.
If we have to go back to the Court, I do have that e-mail paper trail.
The timeshare financial representative said that legal proceedings have already begun for both collections and foreclosure, both of which will damage my credit rating.
As well as his. Lillamy, I am thinking that you are right, they become motivated to hurt us even if it hurts them.
This is about his financial gain, but it is also about trying to bully me into submission and back into being subordinate to him where I belong. I ain't goin' there. Ever. I'm free. Somewhat be-leaguered at the moment, but FREE.
My son asked me why I was even going up to the house when XAH has custody and accountability for its care and maintenance, per the Divorce Decree, until it is sold. Good question. If I come to terms with the fact that this may be another financial loss for me, and let go of trying to sell the house for what it should be worth, I may feel better. I have no retirement, so this is my nest egg for the next many years, but I do have capacity and am working on figuring out how to make some money.
Another wave of lessons for me, I guess. What in the world bad stuff did I do in some prior life to have to get so many lessons in this one?
If I have to pay the timeshare fees, I will and try to collect from XAH. The problem is that you have to pay forever unless you can sell them or give them away. Time to get that going, but I can't sell them until the fees are paid. Catch 22 here.
Bummed out today. Would much rather spend my time on productive things than these unnecessary expensive messes he keeps creating.
Time to go for a walk by the ocean with my dog. Remember why I moved here. Feel the breeze in my hair, the sun on my face, watch my little dog sashay down the boardwalk like she owns it...
God is good, life is great. The tide of time will take these snafus away like old dead seaweed washed out to sea. And I'll still be here. making my art, enjoying my new friends. Got to believe that. Nothing good ever comes from desperation. Time to jump-shift into a better mood, better place. Took all the actions that are useful today.
The Shakers have a phrase "Way will open".
ShootingStar1
In addition, I told the attorney about my XAH's behavior - - when the first realtor showed the house, XAH wrote to the listing realtor that he did not believe the person was really a legitimate realtor, and it was all a scam to case the house for a burglary. The listing realtor was at both of the showings we have had, and was able to refute XAH's paranoid nonsense.
If we have to go back to the Court, I do have that e-mail paper trail.
The timeshare financial representative said that legal proceedings have already begun for both collections and foreclosure, both of which will damage my credit rating.
As well as his. Lillamy, I am thinking that you are right, they become motivated to hurt us even if it hurts them.
This is about his financial gain, but it is also about trying to bully me into submission and back into being subordinate to him where I belong. I ain't goin' there. Ever. I'm free. Somewhat be-leaguered at the moment, but FREE.
My son asked me why I was even going up to the house when XAH has custody and accountability for its care and maintenance, per the Divorce Decree, until it is sold. Good question. If I come to terms with the fact that this may be another financial loss for me, and let go of trying to sell the house for what it should be worth, I may feel better. I have no retirement, so this is my nest egg for the next many years, but I do have capacity and am working on figuring out how to make some money.
Another wave of lessons for me, I guess. What in the world bad stuff did I do in some prior life to have to get so many lessons in this one?
If I have to pay the timeshare fees, I will and try to collect from XAH. The problem is that you have to pay forever unless you can sell them or give them away. Time to get that going, but I can't sell them until the fees are paid. Catch 22 here.
Bummed out today. Would much rather spend my time on productive things than these unnecessary expensive messes he keeps creating.
Time to go for a walk by the ocean with my dog. Remember why I moved here. Feel the breeze in my hair, the sun on my face, watch my little dog sashay down the boardwalk like she owns it...
God is good, life is great. The tide of time will take these snafus away like old dead seaweed washed out to sea. And I'll still be here. making my art, enjoying my new friends. Got to believe that. Nothing good ever comes from desperation. Time to jump-shift into a better mood, better place. Took all the actions that are useful today.
The Shakers have a phrase "Way will open".
ShootingStar1
Member
Join Date: Aug 2009
Posts: 3,443
I have no experience with the time shares but had a similar situation with the house. It was killing me because 100% of the expense and care of the house was in my lap, and the loan was in my name only. We were to split the equity 50/50. He wasn't losing anything, I was sinking. He knew all that and would have never signed just to punish me.
He did eventually sign but I was one step away from sending it back to the courts, where it would be handled and sold with any reasonable offer (which we had underway) whether he agreed or not. That is what my lawyer told me.
I basically threatened him that if i had to go through the courts to get it sold I would not only get my legal fees I'd go for 100% equity because he had not paid one cent of child support or house fees or anything.
He did eventually sign but I was one step away from sending it back to the courts, where it would be handled and sold with any reasonable offer (which we had underway) whether he agreed or not. That is what my lawyer told me.
I basically threatened him that if i had to go through the courts to get it sold I would not only get my legal fees I'd go for 100% equity because he had not paid one cent of child support or house fees or anything.
Member
Join Date: Apr 2013
Location: Lakeside, Ca
Posts: 10,208
Originally Posted by ShootingStar1 
What I don't know is what the process is for making him live up to the provisions of the divorce decree.
sounds like you need to take the matter back to court
I think that you can file the papers with (no lawyer involved)
get in front of the judge
state your case
and
the courts will pressure him to comply with previous court order
Mountainman
I think that you can file the papers with (no lawyer involved)
get in front of the judge
state your case
and
the courts will pressure him to comply with previous court order
Mountainman
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