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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33794
Experience:  Attorney with 15 years experience
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I have recently had a divorce. Our court order says my ex

Customer Question

I have recently had a divorce. Our court order says my ex wife and I have to sell the house and mutually agree on a sale price, and the consent of the sale price cannot be unreasonably withheld. The house is not selling because I believe the price is too high and she won't agree to lower. Would an appraisal work for my situation to lower the price without her agreeing?
Submitted: 4 months ago.
Category: Family Law
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Would an appraisal work for my situation to lower the price without her agreeing?

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Yes, if you get an appraisal, the appraiser will find "comps" which are comparable properties to yours that have sold within the last few months. They then use those comps as the best indicator of what the market is doing at that point in time and what your property would be worth in comparison to the ones that sold. But you still can't unilaterally reduce the price if she refuses.

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If ex still refused to agree to a price reduction, your recourse is to file a motion for contempt and get the matter back in front of the judge with the appraisal in hand to show that she is being unreasonable in violation of the order.

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thanks

Barrister

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Customer: replied 4 months ago.
Will I have to have her served papers and go to court with her? Or can I take it to the judge on my own to file a motion for contmpt?
Expert:  Barrister replied 4 months ago.

You would file the motion for contempt with the court clerk. But then she is served with the motion and there is a formal hearing where you both have to appear in front of the judge.

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But if you got the appraisal and sent her a copy with the request to reduce the price or you will have to file a motion for contempt, odds are she would just agree since the appraisal is an extremely good indicator of what the value is and it is kind of hard to argue with that.

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thanks

Barrister