How can I force my ex-spouse to see our martial residence?

Your divorce and child custody agreements are final, get advice on your life after divorce.

How can I force my ex-spouse to see our martial residence?

Postby pharoeandisis » Tue Apr 17, 2012 11:27 am

I want to sell the house, but she does not. How can I get access to my equity share of the house? She is also unwilling to buy my share, and thus keep the house in her name. She is currently living in the house and uses my maintenance and child support payment to pay the mortgage.
pharoeandisis
10+ Posts
 
Posts: 15
Joined: Tue Jan 17, 2012 12:23 am

Re: How can I force my ex-spouse to see our martial residenc

Postby hoosier_dad » Tue Apr 17, 2012 11:29 am

What does your divorce decree say?
User avatar
hoosier_dad
Moderator
 
Posts: 3712
Joined: Fri Jan 22, 2010 10:02 am

Re: How can I force my ex-spouse to see our martial residenc

Postby Trevor » Tue Apr 17, 2012 11:36 am

Why aren't you living in the house too?
Dual Parenting, not Duel Parenting.
Trevor
Moderator
 
Posts: 12964
Joined: Mon Jan 31, 2005 8:55 pm
Location: NE FL area

Re: How can I force my ex-spouse to see our martial residenc

Postby pharoeandisis » Tue Apr 17, 2012 11:44 am

The Separation Agreement states "by mutual agreement". She won't agree to anything.
pharoeandisis
10+ Posts
 
Posts: 15
Joined: Tue Jan 17, 2012 12:23 am

Re: How can I force my ex-spouse to see our martial residenc

Postby Trevor » Tue Apr 17, 2012 11:49 am

So you are divorced and she has exclusive use of the home until the kids emancipate, right? There is no language in the decree that dictates what happens when the kids reach majority? If not, then you need to modify your decree to include that part because your lawyer sucked and failed to include it the first time. How did that one slip past the goalkeeper? [Rhet.]
Dual Parenting, not Duel Parenting.
Trevor
Moderator
 
Posts: 12964
Joined: Mon Jan 31, 2005 8:55 pm
Location: NE FL area

Re: How can I force my ex-spouse to see our martial residenc

Postby pharoeandisis » Tue Apr 17, 2012 12:03 pm

It also states "Wife may reside in the Marital Residence until 1/26/2021." This is the date in which my youngest child reaches the age of majority.
pharoeandisis
10+ Posts
 
Posts: 15
Joined: Tue Jan 17, 2012 12:23 am

Re: How can I force my ex-spouse to see our martial residenc

Postby Trevor » Tue Apr 17, 2012 12:29 pm

At some point you may need to modify the orders to iclude maintaining the house in a saleable condition, cooperating to ensure the house is market-ready (in the opinion of a licensed real estate professional) at least 30 days before that target date, so that on 1/27 2021 the property is on the market. But a lot can happen in the interim decade, so you have plenty of time.
Dual Parenting, not Duel Parenting.
Trevor
Moderator
 
Posts: 12964
Joined: Mon Jan 31, 2005 8:55 pm
Location: NE FL area

Re: How can I force my ex-spouse to see our martial residenc

Postby pharoeandisis » Tue Apr 17, 2012 12:40 pm

How can I get my share of the equity out of the Martial Residence before 2021 when the ex-spouse won't agree to sell or buy me out?
pharoeandisis
10+ Posts
 
Posts: 15
Joined: Tue Jan 17, 2012 12:23 am

Re: How can I force my ex-spouse to see our martial residenc

Postby Fatheroffour » Tue Apr 17, 2012 12:46 pm

Image

or

Image
Divorce is in the air. What should I do?
What not to do

List of Acronyms
The List
About The List

Everyone lies.
User avatar
Fatheroffour
Moderator
 
Posts: 19313
Joined: Fri Oct 12, 2007 8:37 am
Location: Top of the world


Return to After The Divorce is Final – Moving On

Who is online

Users browsing this forum: Google [Bot] and 4 guests