Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

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: 1 month ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 2 minutes by:
3/13/2018
Real Estate Lawyer: Barrister, Lawyer replied 1 month ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 41,046
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.

.

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

Ask Your Own Real Estate Law Question
Customer reply replied 1 month 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 1 month 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?

.

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.

.

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

.

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

.

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

.

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...

.

.

thanks

Barrister

Ask Your Own Real Estate Law Question
Customer reply replied 1 month 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 1 month 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.

.

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.

.

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..

.

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

.

.

thanks

Barrister

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Barrister, Lawyer replied 1 month ago

Hello again,

.

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

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

Ask Your Own Real Estate Law Question
Was this answer helpful?
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 41,046
41,046 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

41,046 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
In a transaction involving a "gift of real estate" there is
In a transaction involving a "gift of real estate" there is no consideration (it's a gift). If the gift deed is recorded is it protected from third party claims or can it be challenged because there w… read more
Barrister
Barrister
Lawyer
41,046 satisfied customers
I am in one piece of real estate that are owned by for
I am in one piece of real estate that are owned by for individuals as tenants in common. If one of them is willing to give me his order what can be done to the deed so no property tax is impacted … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,207 satisfied customers
Is a loan on real estate legal without a general warranty
Is a loan on real estate legal without a general warranty deed, only a quick claim deed? … read more
Barrister
Barrister
Lawyer
41,046 satisfied customers
Real estate Question Can you define “wholesale real estate”
Real estate Question Can you define “wholesale real estate” & “Bandit”sign? Also, are bandit signs legal in Michigan?… read more
LegalGems
LegalGems
Juris Doctorate
11,585 satisfied customers
Need a real estate lawyer in city. I signed a real estate
I signed a real estate contract without my thinking through but would like to cancel the contract. what can I do without getting sued? … read more
Richard
Richard
Owner
Doctoral Degree
4,489 satisfied customers
What is the statute of limitations on a real estate
What is the statute of limitations on a real estate transaction that is based on an earlier created FORGED Deed. … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,672 satisfied customers
California Real Estate Question Is there a standard law or
California Real Estate QuestionIs there a standard law or regulatory practice that determines how much time on a reverse mortgage loan / property that the new heir has before making a decision on what… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
Is an Agreement for the Sale of Commercial Real Estate
Is an Agreement for the Sale of Commercial Real Estate binding if only the Husband signs the Agreement although both the husband and wife are on the deed for the property … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
I ENTERED INTO A RESIDENTIAL REAL ESTATE CONTRACT WHICH
I ENTERED INTO A RESIDENTIAL REAL ESTATE CONTRACT WHICH ALLOWED ME A 10 DAY PERIOD TO OBTAIN AN INSPECTION. THE INSPECTION DISCOVERD MAJOR STRUCTURAL & ROOF DAMAGE (OVER $25,000} WHICH WAS NOT FULLY D… read more
Barrister
Barrister
Lawyer
41,046 satisfied customers
Is there a real estate loan for business where the borrower
Is there a real estate loan for business where the borrower pays monthly for several years and then closes the loan with a large balloon payment?… read more
Damien Bosco
Damien Bosco
4,124 satisfied customers
Does a real estate investment fund need a real estate
Does a real estate investment fund need a real estate license to operate? The crowd funding company's real estate broker license was suspended since 11/11/2017 due to several violations that was broug… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
This is for a lawyer specializing in Consumer /Real Estate
This is for a lawyer specializing in Consumer /Real Estate law. I lost my job due to a disaster (hurricane), that destroyed my workplace. I would like know my rights and options before talking to the … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a real estate question. I inherited a mortgaged home
I have a real estate question. I inherited a mortgaged home in the state of Florida. Probate has already taken place and the deed is in my name. Queston is will the mortgage company give me a hard tim… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I own a commercial real estate mortgage co. I operate under
Hello, I own a commercial real estate mortgage co. I operate under a California Finance Lender's License (CFLL). I would appreciate it if you can tell me if it is legal to pay someone a referral fee o… read more
KLAW
KLAW
Juris Doctorate
2,029 satisfied customers
I currently hold a Real Estate License and Mortgage License
I currently hold a Real Estate License and Mortgage License in the state of Colorado. I am being told that I am a risk to hire from a local Real Estate Office because hold both. I do not double side a… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
I need to ask a question about real estate/mortgage contract
Hi I need to ask a question about real estate/mortgage contract law in Philadelphia … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
Real estate question. NC. Mortgage. Need to know if fha pr
need to know if fha pr va loans will allow for spring water instead of well… read more
N.Brown ESQ
N.Brown ESQ
Juris Doctorate
76 satisfied customers
If I'm a mortgage banker, can I own a real estate brokerage
If I'm a mortgage banker, can I own a real estate brokerage and have my agents use me as their preferred lender? … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,207 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x