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Can a final divorce agreement be modified?

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  • #16
    Still not sure why you wouldn't simply make an offer to purchase the home at the agreed upon price and just be done with it. You can end the SS payments and own the house. I can't imagine the house value has gone down by any significant sum from the original agreement.

    FYI: In my humble opinion the real estate agent is wrong. The other party can bring the matter back to court. The agent is not a party to the matter.

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    • #17
      Originally posted by Tayken View Post
      Still not sure why you wouldn't simply make an offer to purchase the home at the agreed upon price and just be done with it. You can end the SS payments and own the house. I can't imagine the house value has gone down by any significant sum from the original agreement.

      FYI: In my humble opinion the real estate agent is wrong. The other party can bring the matter back to court. The agent is not a party to the matter.
      I have made him an offer to buy him out last year and at a better price than now (also we could have avoided real estate commission by doing so). I honestly feel that he's keeping me guessing out of spite.

      The real estate agent is not a party to the matter, though we have signed a contract with her - I don't see how that could be changed without compensating her for the difference in her percentage?

      BTW, I'm still upset with you Tayken, you have ruined one of my favorite songs: I want my MTV, I can't listen to it now without thinking of your version: I want my legal aid!!! Ruined for ever ......

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      • #18
        Originally posted by Janibel View Post
        I have made him an offer to buy him out last year and at a better price than now (also we could have avoided real estate commission by doing so). I honestly feel that he's keeping me guessing out of spite.
        Doesn't the agreement include a clause that no reasonable offer shall be refused? Basically, retain a real estate agent and have them make an offer to purchase the home like anyone would do who see's the listing on MLS.

        It is a closed deal and there are hundreds (if not thousands) of buying agents who would do this at a cut rate on their commission. Not like they had to do any work so most would pay you back at least 1.5% of their 3% cut. The listing agent will get her 3%... Unless you make a deal on the commission (prior to retaining a buying agent).

        Again, if you are serious about buying the home and there is a agreed upon price that you are willing to meet there are hundreds of ways to buy the home. Nothing stopping you from doing it other than yourself.

        There are no competing offers it sounds...

        I suspect Janus may be correct in your hesitation to purchase the property.

        Good Luck!
        Tayken

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        • #19
          Originally posted by Janibel View Post
          This question is for those who know a thing or two about property settlements:

          We obtained our divorce last year. Everything was divided up and our house was put on the market at a fair price after a being evaluated by a professional home inspector. Problem is the house has not sold yet so now the Ex is threatening to go back to court to get the asking price modified.

          We both signed a contract stipulating our bottom-line amount. Is there any way that he could get a judge to force the sale below our agreed upon minimum amount?

          Furthermore, as per our agreement, once the house is sold my spousal support stops, so I have no intention of letting the house go at a reduced price - I would lose a lot of $ and he would gain the end of alimony.

          Doesn't seem fair to me? Does he stand a chance at getting a judge to modify a final agreement - there's been no substantial change of circumstances aside from the fact that the house hasn't sold yet?
          This is a very strange situation. There is something missing.

          1. Aren't you a SAHM older mother?
          2. Was the unequal division of the home instead of alimony?

          Why he wouldn't just pay the difference between what the house can sell for and what is being offered?

          How he could have managed to have made such a stupid agreement is beyond me... never make SS dependent on any incident occurring (for you other men out there) because the woman will do whatever it takes to ensure that incident never comes to pass.... This is just another example.

          Depending on the context of the agreement it can or cannot be reopened. I have seen cases where judges have not let husbands off in agreements similar to this and let them rot.... (the importance of drafting good agreements).

          If you wanted to be fair - I would offer him to let him compensate you by way of spousal support for the shortfall of the house between the bottom price and what it sells for.

          Otherwise, on a purely legal basis - I would let him take you to court - I give him a 20% chance.

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          • #20
            So you both have a bottom line, you offered to buy the home at the bottom line or more and he refused? Is that what I am understanding? Or did you make him a different offer that was below his bottom line? Making the offer last year is old news. If the house has been sitting with little or no offers, then the price should be reconsidered.

            Was the house appraised by a certified real estate appraiser or just a home inspector? To my knowledge, home inspectors are not a reliable source for a true sale value. Sure they may be able to tell you what the house is worth, but they most likely cannot tell you what houses are selling for in the area. If your house is worth $300k but they are only selling for $200k and your bottom line is $250k, then I can see your ex being successful, especially if he can show what houses are selling for.

            I understand you may not want to lose your SS, since you are living in a mortgage free house, however if the house isn't selling and you are holding on just because of SS, you are being unreasonable. Only you can be the true judge of that.

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