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AttyHeather, Lawyer
Category: Family Law
Satisfied Customers: 677
Experience:  Attorney with 15 years experience
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My ex is claiming to 'evoke' clause 14f ii of our divorce

Customer Question

My ex is claiming to 'evoke' clause 14f ii of our divorce triggering a home appraisal. Can he evoke the clause if the house is already on the market for sale? I.e. I already want to sell it?
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAttorney replied 1 year ago.

Hello. I’m a family lawyer and appellate attorney with 36 years’ experience.

Please note:This is general information for educational purposes and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site.

At the end of this discussion I'm going to ask you to please rate me as that's the only way I get credit for my time here today. Are you okay with that? Thanks!

This is a tough situation. I understand your frustration! Can you please tell me how long the house has been on the market and what the clause says? The clause is part of a court order so it depends on what the clause says. Thank you.

Customer: replied 1 year ago.
Here is the clause
Expert:  FamilyAttorney replied 1 year ago.

I'm in the middle of finishing another question but I want to give you undivided attention. I just want you to know that and I think I can be available in a few minutes. Is that okay?

Question -- do you still live in the house?

Expert:  FamilyAttorney replied 1 year ago.

Okay I'm here. Thank you.

I figure you're still in the house right?

The clause requires that he wants to sell the property and you do not, but that's not the case here, is it? It's the other way around -- you want to sell?

Expert:  FamilyAttorney replied 1 year ago.

OKay, I will opt out an let another professional handle your question. Thank you!

Expert:  Phillips Esq. replied 1 year ago.

A different Professional here.

My ex is claiming to 'evoke' clause 14f ii of our divorce triggering a home appraisal. Can he evoke the clause if the house is already on the market for sale? I.e. I already want to sell it?

Response: Yes, he can. It does not matter that the property is already on the market for sale.

Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this.

Thank you for your cooperation.

Customer: replied 1 year ago.
Where is that in this clause? The house is already on the market.
Expert:  Maverick replied 1 year ago.

Welcome to Just Answer (“JA”)! My name is Maverick.

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Expert:  Maverick replied 1 year ago.

I just viewed your document. I don't think I am qualified to assist you. I will let someone else try.

Expert:  AttyHeather replied 1 year ago.

Hi, I'm Heather, a family law attorney with 15 years experience, and I'd like to assist for informational and educational purposes.

I spent a bit of time reading that document that you attached. The answer to your question is going to turn on exactly how the judge interprets that decree/contract language. I think that if you study the language for a bit, it actually appears that he cannot demand the appraisal if you already have the house for sale at its fair market value. The language clearly states that if you are selling the house, YOU list the house at fair market value, and YOU determine the final sales price.

The part of the provision that discusses the appraisal applies if you DO NOT want to sell the house, but rather simply want to pay him his share of equity from the house.

While it may be good of you to let him get an appraisal if he wants to pay for one, and let him show it to you if he wants to do that, and you can certainly consider it when setting the listing price (and you should consider his appraisal if he gets one, because that will be relevant on what the fair market value is), the provisions are pretty clear that if the home actually is listed for sale, then you list it, you sell it for fair market value, and you have final determination over the sale's price.

Has that helped? Please let me know if this answered your question and thank you for using!

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