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Old 10-19-2016, 10:56 AM
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Tayken Tayken is offline
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Quote:
Originally Posted by mafia007 View Post
- because of the children (3), it is not the time to sell the home for stability purposes
If they are living in it now and a party demonstrates they want the home they will order sole possession to that party.

Quote:
Originally Posted by mafia007 View Post
- equity is at dispute: I want to split my pension, she wants to keep the house. She can't buy my interest so the house would need to be sold. This is a trial issue and can only be addressed at the equalization process. So no matter what, the issue won't be resolved until trial or settlement.
This is correct. Having the title means nothing as the equity in the home is what is key. So, what do you care about the title. She is still subject to the equalization. Also, no real estate lawyer would take this file on at sale because they wouldn't want to deal with it. Or if one does they will require that they hold funds until such time a court orders the equalization and distribution of this asset. Remember, all home sales need 2 lawyers to act on both sides. Real estate lawyers are not idiots. They will see the title transfer when they pull the records and ask questions. They will be more worried about protecting themselves than they are about closing the deal.

Quote:
Originally Posted by mafia007 View Post
The pros and cons from this are;
- I am no longer on the title. As per the Partition ACT, I can no longer force the sell of the home but I do have my rights on the equity.
If she is ordered to make an equalization payment to you it will force the sale if she does not have the funds to buy your portion of the equity. Remember, the mortgage company can pull the mortgage at this current title transfer. So, they may force the sale on transfer. Assuming you are both on the mortgage. They just violated the terms of the mortgage BTW. (Guessing not sure what your mortgage contract looks like.)

Quote:
Originally Posted by mafia007 View Post
- My STBX was over 3 months in arrears on the Mortgage and the 2016 taxes were still not paid when we appealed last week. I told the judge who ordered her to pay everything up to date and make sure I am not responsible of any of those arrears. Following this, the house is to be transferred to her without my signature.
The other party is on the hook for everything. What is the concern? She will still owe the equalization on the property. She does something stupid she will still owe you the money. Good luck trying to bankrupt out of those costs thanks to WD.

Quote:
Originally Posted by mafia007 View Post
Basically, in a way or the other, everything will be settled only at the very end, when the judge will look at the statements from each party and proceed with the equalization. Too many issues are immerging on her side as she has yet disclosed everything to conclude this step.
Either way your equity in the home is still secured. If she screws it up then to trial you will have to go.

Good Luck!
Tayken
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