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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33935
Experience:  Began practicing Family Law in 1992
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My son and wife are getting divorced she filed papers and

Customer Question

My son and wife are getting divorced she filed papers and said 50 50 for sale of house, she signed contract with realtor Sunday open brokers house was today, wife was called she told realtor I dint want it on market, can she do that after contact was signed and wouldn't she have to buy out my son of she doesn't want to sell, she makes 6 figures x2 my sin doesn't even make that maybe 50 thousand
She has put gps tracker in his car, hacked his email Facebook accounts, what are his rights with sale of house and anything else
Thankyou Sharon, she has lawyer be does not
Submitted: 1 year ago.
Category: Family Law
Expert:  JD 1992 replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only 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 expert on this site. By continuing, you confirm that you understand and agree to these terms.

I need you to be more specific in your question(s) if you could. When we answer general ones like "what do I do", "what are my rights", or "what are my options", we have to give general answers and, invariably, the customer responds with "I already knew that". This type of forum works better if you ask specific questions so we know exactly what you are looking for.

Customer: replied 1 year ago.
What are the options for my son in selling the property when wife says I'm not selling and realtor contact is signed by both, divorce papers are filed with wife stating property will be split 50 50 divorce no contest is supposed to be finalized Aug 3
I think I've answered your question
Customer: replied 1 year ago.
Did you get message I just sent
Expert:  JD 1992 replied 1 year ago.

If your son wants to sell then he can ask the judge to order that either she buys his share out or to order the property sold and the amount divided. If they weren't married it would take a Partition Suit but since they are married it can be wrapped up in the divorce.

Expert:  JD 1992 replied 1 year ago.

It's not likely they can get the sale completed by August 5, but the judge can issue the order and the sale can actually take place after the divorce.

Expert:  JD 1992 replied 1 year ago.

Even if she doesn't want to sell the property the judge is likely to order it if she doesn't have the funds to buy him out.

If he doesn't have a lawyer he should get one to make sure the order is drafted properly.

Customer: replied 1 year ago.
does that have to wait till they go to court or can he keep on market and just not put under contract with a buyer
She has lawyer he doesn't can't afford one
Customer: replied 1 year ago.
She has in divorce papers that property sold will be 50 50, now changed her mind
Expert:  JD 1992 replied 1 year ago.

It will have to be ordered by the court. Since the judge didn't sign the order yet it isn't binding on anyone.

He can leave it on the market but just can't enter into any agreement until the judge issues the order.

Customer: replied 1 year ago.
She wants half of the cost of the bills, she's been paying them all along she makes 5 times what he does can she get that and how can he find an attorney that will not cost an arm and a leg
Expert:  JD 1992 replied 1 year ago.

In divorces it is possible for a party to get a judge to consider almost anything so it is possible that she can get half of the bills but the judge will consider the difference in income. She is obviously pressing the issues because she knows he doesn't have a lawyer.

He can find a lawyer to assist by going to and in the section for area of Practice enter "family law" and then call to get som eprices. Generally the smaller the office and the less experience then the less expensive the lawyer will be. You haven't indicated anything in this case that is particularly difficult so he can get a young lawyer and shouldn't be at much, if any, disadvantage.

He can also look for Legal Aid in his area using a Google search. Legal Aid bases their fees on income but I've always found them to be more willing to help the female than males for some reason. Still, that is his best shot at a less expensive option.

Some attorneys will even "barter" for items as a portion of their fee depending on the attorney, the location, etc. Guns, watercraft, motorcycles, etc. are all pretty common items that can be swapped for a portion of the attorney's fees.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

Customer: replied 1 year ago.
Thank you so much, you have been helpful
Expert:  JD 1992 replied 1 year ago.

You're very welcome!

Best wishes to you and please don't forget to leave a Positive Rating so I receive credit for my work.