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-   -   Need Advise - sale of marital home - STBX exploiting order ? (http://www.ottawadivorce.com/forum/f3/need-advise-sale-marital-home-stbx-exploiting-order-21242/)

plainNamedDad44 07-31-2017 09:13 PM

Need Advise - sale of marital home - STBX exploiting order ?
 
Hi community,

situation is as follows:

1. I acquired an order for sale of the marital home 2 years ago.
2. we had an offer, a good one, STBX offers to purchase my at the offered price. I said ok.
3. STBX's real estate lawyer produces an offer that contains all kinds offside things, like payment of occupancy rent.
4. I flatly refuse take STBX back to court and get another offer that says "Parties shall accept first comercially reasonable offer..."
5. We have an offer, a low ball, 50K less, but as I understand we are under order to take it.
6. STBX is now demanding that she be allowed to step in again, and purchase my half at the new price.

The way I see it this is completely offside and unfair. If we both sold the marital home to a 3rd party, we each take a 25,000.00 hit.

If I sell her my half at the new price, she takes no hit, gets the house and I only take the 25K hit. She gets a 25K discount.

STBX is trying to exploit the situation where the order requires that we take the low ball. Thats the way I see it.

What do you guys think ?

arabian 08-01-2017 08:50 AM

Sounds as though your home was overvalued to start with.

Don't look at it as you taking a hit because it's a hit from nothing.

Home is only worth what someone is willing to pay for it.

Upside of your wife buying it is it will be done once and for all. The current "low ball" offer can fall through and then you are again waiting and you may find yourself having to drop the price yet again.

I'd sell the home to the best offer and insist that your wife go through the proper process (providing non-refundable deposit etc). You can also ask that she pay all closing costs.

IMO it's time to let the home go, get your money, move on.

plainNamedDad44 08-01-2017 08:54 AM

Quote:

Originally Posted by arabian (Post 222560)
Sounds as though your home was overvalued to start with.

Don't look at it as you taking a hit because it's a hit from nothing.

Home is only worth what someone is willing to pay for it.

Upside of your wife buying it is it will be done once and for all. The current "low ball" offer can fall through and then you are again waiting and you may find yourself having to drop the price yet again.

I'd sell the home to the best offer and insist that your wife go through the proper process (providing non-refundable deposit etc). You can also ask that she pay all closing costs.

IMO it's time to let the home go, get your money, move on.

Arabian, thanks for the response.

What about STBX's previous bad faith ? What about her gaming this order ? I am seriously thinking on the offer, but every time I try to operate in good faith I have been burned.

HammerDad 08-01-2017 04:44 PM

I'd say that it is your preference to accept the 3rd party offer as you were burned by the ex before and don't want to play that game again. That if the ex is serious about buying it out, you may consider it so long as her offer contains the exact terms of the 3rd party agreement. Further that given the existing offer is time sensitive, you give a strict deadline of at least 6 hours prior to the 3rd party offer to receive the ex's offer.

I agree with Arabian, the $50k never really existed. It is time to let the place go and get your funds. Be it the 3rd party or the ex, you shouldn't care too much. So long as the terms and amounts are identical.

plainNamedDad44 08-03-2017 11:06 AM

Thanks guys... STBX and I struck a deal yesterday and its all in minutes of settlement. I think me threatening contempt motion had a part to play but I also STBX's lawyer was unusually cooperative and reasonable.

Lets hope they stick to the deal , otherwise back to a contempt motion.

Lastly, I have to say, I can't help but feel bad for STBX, she must have blown 3 to 4K yesterday for something we could have worked out via mediator.

Not my problem I guess.

arabian 08-03-2017 12:30 PM

never feel bad for an ex blowing money on a lawyer.... on the contrary, it is a good thing. Perhaps ex will pause, or reconsider, before launching her next litigation. Ex's like yours (and mine) never go away for long.


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