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Lawdoctor
Lawdoctor, Lawyer
Category: Family Law
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Experience:  Over 22 years of experience in numerous states.
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Husband given exclusive right to live in home at time of divorce

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Husband given exclusive right to live in home at time of divorce 1 year ago. house placed on market/ not sold. Now has 60 days to either buy my portion of house..wirh price agreed by both of us/ continue house on market/ or eiher can place house up for auction after 60 day time frame. does he continue to have exclusive rights to the house during this 60 days..or does he maintain it as long as he remains in the house.
Submitted: 2 years ago.
Category: Family Law
Expert:  Lawdoctor replied 2 years ago.


Thank you for allowing me to assist you with your question.



Your question is very important to me, but please remember that I can only respond to the information you provide and I do not know your entire situation. My response is limited to what you have written to me and the answer may change with additional facts.



Also, due to site reasons, there are times I am initially only able to see a portion of post, so I apologize in advance if it means that you have to duplicate information.



There may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. Now, let’s address your question!


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.

 




Thank you again for trusting us with your problem. Good luck and Godspeed.

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Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.



Customer: replied 2 years ago.

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?

 

Expert:  Lawdoctor replied 2 years ago.
You need to move the Court to allow the public auction. He may not be in contempt, but the Order is pretty clear. I would file the motion and get a hearing on the matter as soon as possible if the 60 days has passed. You may not be able to get attorney's fees, but you can get the house to auction.

If there is a mortgage, how is that addressed? If there is a mortgage, are you on the mortgage? If so, you will need to address the mortgage company because no matter what the court order is, you are still liable to them for the debt.

One other thought. If you can afford to do so, have you thought about bidding for it yourself? If it goes at a low enough price, you could get it back and kick him out!





Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.



DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.



Customer: replied 2 years ago.
the small mortgage owed on the house is to be paid with money from house selling, then fee's from broker, then divide what is left.. the house is almost paid for and is valued at about $245,000.00....The 60 days will be up on April 3,2012
Expert:  Lawdoctor replied 2 years ago.
You will need to wait until the 60 days has passed to file the Motion to Auction. However, did the Court put in a minimum on the auction price? If not, you may want to consider that to keep him from bidding and getting it for a low price and thus taking your money to pay the mortgage and he gets the house basically for nothing.

You may want to consider filing a Modification that he pay you equitable rent on the house if the mortgage payment is less than what rent would be in a comparable home. Or since he has shown disregard for truly trying to sell it, ask the court to allow you to live there and sell it or have him move out so that it would be show ready. There are any number of requests that you can make in a modification. It is something to consider.





Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.



DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.



Lawdoctor, Lawyer
Category: Family Law
Satisfied Customers: 1400
Experience: Over 22 years of experience in numerous states.
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