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Good afternoon. Although there is no black and white deadline when there is no date set in the settlement, the court will impose a "reasonable person" and "reasonable time-line" standard. That would mean what would a reasonable person consider to be a reasonable time to put property on the market and what would be a reasonable price at which to price the house to cause the house to sell. You are, based on my experience, beyond that time. First, you'll want to address the pricing information on the other property....i.e., get realtors
in the area to give you comparables to show the house is not reasonably priced. Once you have that, you want to send your ex spouse a certified, return receipt requested letter detailing the history (the residence is not on the market and the other property is not priced to sell) and demanding that your ex-spouse immediately put the residence on the market at a reasonable price and change the price of the other property to reasonably sell based on your evidence. Inform your ex-spouse that if your demand is not timely complied with within a short specified period of time and then diligently pursued thereafter, you will have no choice but to file a suit for your damages
. Be sure to specifically mention that you will be filing this claim not only as a breach of your divorce decree case, but also as an intentional bad faith claim, which will entitle you not only to your damages, but also an additional amount as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit.
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