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I'm in the the process of a contested divorce.The marital home possession was granted to my husband.It was to be listed by court order 8/6/08 but was not until 3/09. The initial asking was 575,000 and has since been reduced to 545,000.The realtor now wants to reduce to 515,000.Other than the home there is aelectrical business llc. Discovery has been incomplete.I've had to retain a forensic accountant and the other side is disregardig requests to turn information over. No settelment has been offered,the other side claims no employees work for the business,my husband "is the business".The employees I"ve found out are paid cash or through another contractor this is just one of the blatant frauds found on tax returns and lied about on interrog.My attorney is in receipt of a motion to force me to reduce price.She has toldme I would probably be forced to drop price so I might aswell just drop it.Ido not feel comfortable doing this.Now she"son vacation

Submitted: 104 days and 7 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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Location: United States

Posted by Jack R. 104 days and 7 hours ago.

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What is your question ?

104 days and 4 hours ago.

Reply

Do I have to reduce the price of the house.I believe the 1st and 2nd mortgages equal 235,000 so the equity is not that great.The business is 18yrs.old Thank You

Posted by Jack R. 103 days and 18 hours ago.

Answer

You will need to list the home at or near market value. Keeping the house at an inflated value can be seen as your attempt to avoid selling the property. You can list it at a higher price recognizing that buyer will negotiate down. This amount must be "reasonable". Given current market condition $515,000 from $545.00 does not sound unreasonable. You might try a little smaller reduction e.g. $530,000.

 

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103 days and 16 hours ago.

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the price of the home is reasonable given today'smarket but would I have forced to reduce before his financials/income stream/approx. business value can be determined?

Posted by Jack R. 103 days and 16 hours ago.

Answer

Yes, you should price the home at market value for any calculations. This doesn't mean you can't be at the high end of market value if that is advantageous to you.

 

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103 days and 14 hours ago.

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Maybe my question isn't phrased correctly would I be forced to reduce the price of the home before he is forthright in turning discovery over to determine an approximate income stream and business value.He stated I could have the home and contents but I guess his attorney talked him out of any communication with me.

 



Edited by XXXXXXXXXXX on 8/11/2009 at 4:54 PM

Answer

No discovery is independent of any valuations. He must turn over whatever was requested irrespective of the home price. He can provide his own valuations in what he turns over.

 

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All comments are provided for informational purposes only. A local attorney should be contacted for specific legal advice.

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Expert: Jack R.
Pos. Feedback: 99.5 %
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Answered: 8/11/2009

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OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.

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