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If he was given exclusive rights to the house in your divorce decree, then he has the use. IF it is in the order that the house is to be sold or he buy you out by a time certain, and that time has passed, then your next step is to go back for a Motion to Show Cause for Contempt for not following the Order.
In July, if the Court ruled with you, you should have received cost and attorney's fees if you had asked for them. If you did not, you probably have waived it, but in your new motion, you should. If you have been handling this pro se (representing yourself) you might want to consider hiring an attorney to handle this so that you can get an Order that you want and make him pay for your attorney since this is an contempt motion.
His defense will be that the market is too bad to sell, and your response should be that he should then buy you out and refinance so that when the market rebounds, he can make his money then.
You need to bring out that he is holding your equity hostage in order to starve you out and get you to take a substantially lower settlement.
I wish you the best.
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the divorce decree states .....if property has not sold within 1 year of this agreement then the husband shall be permitted he right to purchase the wife's interest within 60 days.. if he elects not to exercise his option either party may elect to have the property sold via public auction....does this change anything you have recommended?
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