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My mom's divorce decree had a line in it about the home that…

Customer Question
My mom's divorce decree...

My mom's divorce decree had a line in it about the home that states that on or before July 9 2011 the house must be sold and profits split between her and her ex husband. Well in Feb she received an eviction notice stating all residence must vacate by the 28th based on that line in the divorce. Now he's threatening to file papers to have a judge rule unless she leaves by 3/20/18 and stated that she will incure thousands in all his court fees. We need,some legal advice and aren't equipped financially to hire an attorney.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Washington state

Lawyer's Assistant: Has any paperwork been filed?

He delivered an eviction notice at the end of January but it had no judge's signature and no cause number. That's the only paperwork weve got, and now he's threatening to file paperwork to have a judge rule if we're not out by the 20th.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Thats pretty much all that I can think of.

Submitted: 6 months ago.Category: Real Estate Law
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Answered in 2 minutes by:
3/13/2018
Real Estate Lawyer: Barrister, Lawyer replied 6 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,631
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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So the house was supposed to be sold roughly 7 years ago and the ex is just now pursuing this?

.

What is your legal question I can help with?

.

.

thanks

Barrister

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Customer reply replied 6 months ago
We all agree that when the judge finally rules he'll read the divorce and rule the home must be sold and profits split. Is her ex's threat of her having to pay all of his lawyer costs, that it'll automatically come out of her half of the sale have any legitimacy? And how long do you think till that judges ruling after he files the paperwork? And can he legally demand our eviction while the home is put on the market?
Real Estate Lawyer: Barrister, Lawyer replied 6 months ago

Is her ex's threat of her having to pay all of his lawyer costs, that it'll automatically come out of her half of the sale have any legitimacy?

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That is what he would be asking for, but a judge may rule that since he didn't pursue this earlier, it apparently wasn't too important so each side should bear their own costs.

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And how long do you think till that judges ruling after he files the paperwork?

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Probably within a month. It is pretty cut and dried that mother is in violation of the order.

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And can he legally demand our eviction while the home is put on the market?

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He can ask, but it is pretty unlikely that a judge would order it since mother is still presumably on the deed as a half owner...

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.

thanks

Barrister

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Customer reply replied 6 months ago
i got a certified copy of the deed and has both her and him as co owners. The divorse decree states " the wife is awarded half undivided interest in the house. Net proceeds shall be divided equally when the house is sold. The house shall be listed for sale at fair market value on or before July 9th, 2011 with a written and notorized agreement.The wife has exclusive right to reside in the house and pay all utilities. Each party shall pay half of the related mortgage and 2nd mortgage, taxes and insurance expense until sold." I dont beleive she is technically in violation because in 2011 the market was so bad he didn't want to sell it either.
Okay, well thanks for your time.
Last question. Can you give me some parting advice?
Real Estate Lawyer: Barrister, Lawyer replied 6 months ago

Ok, if he didn't want to pursue it back then, then she can always claim that she was just waiting on him to decide that the market was good enough to contact her about moving forward with the sale.

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And if she was taking care of the property or paying more of the expenses than she was obligated to pay, she needs to bring that up as well.

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As for parting suggestions, I would suggest that they agree to sell privately through a realtor rather than fight it out in court and have a judge order a sale at public auction to the highest bidder as that will result in a much lower price and also run up any potential costs for attorney and court fees..

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It is going to have to happen, so she should try to make as much as possible while paying as little a possible..

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thanks

Barrister

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Real Estate Lawyer: Barrister, Lawyer replied 6 months ago

Hello again,

.

I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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