Has anyone done a Writ of Seziure and Sale of personal property?

[danzuchy]

I have received a writ of seizure and sale of land and personal property. The other side said they are going after a forced sale of the home.

Can anyone explain step by step what this is and how it's "enforced"? I was under the impression you can't force the sale of a home if you have only one to live in?

Can it be stopped?

[Tayken]

Originally Posted by danzuchy

I have received a writ of seizure and sale of land and personal property. The other side said they are going after a forced sale of the home.

Can anyone explain step by step what this is and how it's "enforced"? I was under the impression you can't force the sale of a home if you have only one to live in?

Can it be stopped?

Get a Real Estate Solicitor ASAP on that one. If you are joint tenants they are looking to break tenancy which is a painfully complex thing to do.

This should have all been done as part of equalization and not through a writ. Very high-conflict way to do it.

Good Luck!
Tayken

[NBDad]

Definitely if this is the matrimonial home, it's part of equalization and should be addressed there.

With the home, there are three options.

1. You buy out the other party's share of the home (either via remortgaging, or giving a greater share of the other marital assets in lieu)

2. The other party buys YOU out as per above.

3. If neither party can carry a mortgage on their own, and/or there are insufficient marital assets to "make up the difference" then the home is sold and the profit (after paying off the mortgage and realtor fees) is then considered a marital asset and split according to equalization.

Has equalization been done? Is the other party owed money that you haven't paid yet? What is the reason for seizing the home and selling?

[danzuchy]

1. I am the only person on title
2. equalization was done in family court and I own the other side XXX amount of money
3. Financing fell through but I will get another mortgage to pay other side off in full but that will take 90 days
4. Writ of Seizure was done after Judgement and now the 6 mths. mark is coming up and they indicated they will seize the house so I can't even sell (although I am alone on title it is documented as a "matrimonial home" until I pay the other side)

I will pay once financing comes in but other side indicated they are not comprising anymore and going ahead with seizure of the home (via Sheriff). I phoned the Sheriff's office and they seemed clueless or little informed about the process. Financing won't be in by the time the process is started (I understand once it's started it's hard to stop??)

So what happens? They come in and toss you on your rear end?

[danzuchy]

By the way the Judge said it's an "enforcement" issue when the ex tried ot force the sale of the home and told them to get a writ.