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Old 09-08-2010, 10:12 AM
angryK angryK is offline
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I need a little advice on how to proceed. My wife of 24 years left in May because she was no longer HAPPY. We own a home, which I'm still staying in and paying for. My work is based out of my cabinet shop on the property. She is now looking for her half of the money. Because she left, what time frame do I have to figure out what I'm going to do. Can she force me to sell, as I'm not sure I'll be able to take on the amount of debt at this time in order to pay her off. I have no problem splitting it 50/50, I just want to know what legal options she has to force the sale. Thanks for any input.
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Old 09-08-2010, 10:42 AM
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Have you started divorce proceedings?
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Old 09-08-2010, 10:54 AM
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No, and no kids involved
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Old 09-08-2010, 01:17 PM
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Unless you can afford to pay her out her share by refinancing or otherwise, and with no kids involved, a court order for sale of the home is a definite posssibility.
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Old 09-08-2010, 01:36 PM
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In order for her to obtain a court order, she would have to hire a lawyer, right? I'm just concerned about the amount of time involved as I have projects that have to be completed, before I can begin dealing with the finances. I need to stay here, use the shop (cabinetmaker) to complete these jobs. I supported her for all these years, and she leaves me a mess to deal with. The shop paid the mortgage, her car, insurance, etc. It's my income! Should I be looking for a lawyer? We had agreed not to get lawyers, just to split amicably, but now I'm wondering.
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Old 09-08-2010, 03:13 PM
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She can bring forth a claim as a self-represented party. But by the time the matter is heard and argued it will easily be months from now. You can probably string out six months or more easily.
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Old 09-08-2010, 05:04 PM
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I could be wrong but you could offer to "rent" her share of the property for a period of time that you may need to get it together, I also believe she may have to continue paying her part towards the cost of the property until the matter is settled. Not sure if that part is correct and hopefully I will be corrected by some one else if I am wrong??
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Old 09-08-2010, 09:00 PM
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I'm in a similar situation..

We lived here with 2 kids.. off-and-on 'issues'.. sticking together 'for the kids'... (yeah, no need to comment on that part.. heard it..)

So, she 'did something' while I was away on business, I came back, she denied, I threw some sh*t = restraining order + 500m from home... she moved out 1d later and hadn't been back... ended up having to motion to change so I could go back.. took forever, had to NOT pay mortgage to get it out of her hands, almost went to POS, ran with docs to court and motion granted -- yep, she doesn't live there..

Fine, so then we got this order to 'sell the house and pay off the debts'.. highly-mortgaged = no equity, but I could cover payments so I was just going to take it over.. so order was to get an appraisal and 'buy' it for that less realty/taxes/etc... so we send the appraisal to O.C. ... wait, wait, wait.. no response... so I ask my lawyer (at the time, self-rep now) if he got response.. nope... k, well better get another appraisal 'cause it's been months.. so then follow up!.. he didn't... so then MANY months later get a letter saying "so, where's the transfer?".. WTF?

(BTW, stalling/non-response is his common tactic -- then goes to court saying "I don't know what his problem is.. we replied.. but look how long this has been dragging on -- you should just order _x_.." and the judge agrees and orders _x_ but slightly different this time..)

So I go in and Judge says "it's been long.. you have 10d.. buy it or sell it."..
the difference this time (I didn't notice that part though, presumed old order was still in effect re. conditions of sale/etc..) so I can buy it, but _AFTER_ paying off joint debts (instead of using home sale proceeds to go towards debts on Order from before..)

so, one more appraisal later, walk into Settlement Conference with Removal of Covenant form, appraisal (pre-served of course with briefs), and ready to go.. O.C., with a smile was all "oh, but where are the receipts stating you paid off all the solely-your debts?" my response was something like "I don't have to do that.. I'm taking the house off your client's hands like she's been complaining about forever".. O.C. snide, smirking response: "did you even read the order? it says..... so, all you need to do is get another mortgage, pay off ALLL those debts, and you've got yourself a house!" -- I wanted to punch him.

Anyway, I don't mean to hijack your thread here but maybe someone can respond to this and (a) it'll help you in your situation, and (b) I'll have something to pull out of my hat on Sept. 15

One more thing.. Occupancy Rent? [that was what prompted this rambling, sorry, I saw the prior post re. rent and went off] .. so, I have been loaned (and paid back piece-meal) mortgage since date of separation as I was unemployed for approx 12-15mo (staggered) out of the 2.5y we've been separated.. There's an ordered 'without prejudice' clause that I can ask for 50% back (first order w. the 'sell & pay debts w. profits' part).. and I brought that up to O.C. in the hallway @SC.. response "you're not going to see a penny of that -- it's called occupancy rent"... now, AFAIK, that's when she's forced out... she left.. and forced ME out.. I had to pay extreme penalties to get back in...


As you can prolly tell, I'm a little attached to the property.. and the kids are too.. this was our dream home.. I'm keeping it for the kids & I come hell or high water.

TIA for anything anyone can offer me...
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Old 09-09-2010, 12:06 AM
slow learner slow learner is offline
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My X pushed as much as she could for sale and it took a year from start of the ordeal til the house was sold and I had to move. The court won't make you give your house away but will allow time for a reasonable sale at market price. this benefits your X too.
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Old 09-09-2010, 03:01 AM
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yeah, well we were ordered to 'list it'... and she was all 'sell the house and pay the debts'... so I got their suggested agent (after already speaking with one of my own), picked his price and told the story, added in the debts in order to 'sell the house and pay the debts' and the price was high.. I knew minimum for MLS was 90d (or 60? I don't recall) -- asked agent how long and he said he likes 4 mos to give time, and I said min is 90d, right? correct. ok, sign me up
Went on, had a couple showings, now off...

Their position is that I wouldn't drop the price and it didn't sell.. I was never asked to drop the price... I'd love to get this done next week but don't have a motion on the table so hopefully Judge will sign us up for one in the next few weeks..
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