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Ask Barrister Your Own Question
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37830
Experience:  16 years real estate, Realtor. Landlord 26 years
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I have been divorces years. I still have the resident and

Customer Question

I have been divorces for 2 years. I still have the resident and trying to honor a stipulation in a separation agreement to sell the property. I have a potential buyer who made an offer. The ex-wife has a lawyer who said the house is martial asset and cannot be sold below market value. What are my options?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year 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.


Expert:  Barrister replied 1 year ago.

If wife won't agree on the offered price for the house, then your recourse here is to go back to court in front of the same judge who presided over the divorce and ask him to order a "partition sale" where the property is either listed with a realtor at appraised value or sold at public auction to the highest bidder over what is owed on it. Or the judge can order it listed and then go to auction if it doesn't sell.


And there is nothing that would prevent it from being sold below market value if everyone agrees to do so.