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  • Forced sale of Matrimonial home

    The judge has ordered us (me and the ex) to sell the house. Our lawyers had to find a real estate agent for us to use. The agent told us what the house is worth and what it will sell for.

    I want to buy my ex's share of the house for the higher end of what the house will sell for according to the agent. Reasons unknown, the ex won't accept my offer even though the ex will get the same money if not less by having to sell it. The money is guaranteed to be in hand within 10 days. Yet the ex would rather have the house sit on the market for god knows how long???

    Can I file a motion to have a judge force her to take my offer? The ex will get the same dollar figure if it sells or I buy the ex's share of the house.

  • #2
    That's a little strange. I would imagine that her lawyer would want something wherein you disposition the house as not forming part of the matrimonial property after the fact.

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    • #3
      All other matrimonial assets/debts have been divided equally. The last thing is the house.

      I guess the ex just doesn't want to let go of me so I can start my knew life of happiness.

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      • #4
        Get an appraisal done by an accredited appraiser, not a real estate agent to get more credible information on the value. Agents opinions do not hold up in court.

        You have more power than perhaps you think.

        If she's being a clown, then you can reciprocate by refusing to agree to accept offers, making it hard to show the house, by being generally disagreeble.

        Hopefully it doesn't come to that. But if keeping the house is important to you, she needs to understand that you can play the obstinance game as well. In fact, you probably can drag this out for a long time, longer than she wants to wait maybe.

        You wouldn't want to be explicit about that, because you will always want to appear reasonable to a court.

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        • #5
          Get your own agent and make an anonymous offer to purchase the house? Would that work? Just a thought

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          • #6
            HAHAHA that would be awesome!

            Actually something like that happened when we sold our home. The person who put the offer in was buying the house for someone else and when it came time to close they asked us if it would be okay to change the contract to the new owner. It wasn't a problem, they just sent a new offer and we accepted and proceeded to close the sale.

            There are also companies out there that do rent to own. They will buy the house and you "rent" with the contract that you will buy the house in X nuimber of years. All (or almost all) of the rent you pay you get credit for when you purchase. So for some fee, you can get around not qualifying for a mortgage (or buying out the house from an ex who won't sell!

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            • #7
              I could see that happening, some people just don't have the time or can't be bothered to spend the time shopping around or working out the details in buying a house and would gladly have someone else do it for them.

              If they are ordered to equalize the property, can she really even keep him from buying her out just so he won't have the place??

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              • #8
                Originally posted by blinkandimgone View Post
                If they are ordered to equalize the property, can she really even keep him from buying her out just so he won't have the place??
                Getting a court order for the sale of the house is enough to throw many, if not most, litigants off the rails.

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                • #9
                  Originally posted by blinkandimgone View Post
                  I could see that happening, some people just don't have the time or can't be bothered to spend the time shopping around or working out the details in buying a house and would gladly have someone else do it for them.
                  In my case the person was from another province. She didn't even move ehre until after she'd finalized the sale, hence needing a company to purchase on her behalf.

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                  • #10
                    My thoughts,

                    I can't see you not being able to purchase the home but if you purchase the home on the "open market" you both will have to pay commission fees, taxes, legal fees, etc. etc. Unless she thinks you will get more on the open market then it's in both your interst to deal with this without paying real estate fees and comisions.

                    In regards to the sub theme here: There are people/companies that work as home buyers on behalf of organizations that are relocating employees or that do not want to seller to know who they are dealing with so the selling price does not go up. If McDonalds wanted to buy your house would you stick to the original price or bump it up a bit?
                    Happens alot

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                    • #11
                      I was advised that if I interfered with the sale of the house, a motion could be brought forward which would allow a reasonable offer to be accepted without my approval and the house sells; court gives her signing authority.
                      Further, if she does not want a buy out, she does not have to take it. Any offer on the house with your name on it can be rejected. You can offer double the asking price and she can refuse and sell for less than it should sell for. Going through that as we speak. Only solution is to have some-one buy on your behalf and then you transfer ownership from them. When she finds you with the home, she will drag your ass into court. Its called, in my book,"Idon'thaveavaginatitus". I am the father and live in the house I paid for, down payment, and everything. Kids (12 and 14) live here with me, she does not pay child support, I pay spousal. She has never worked in 24 years of the marriage. I made an offer to by the house I paid for, for 10K more than best offer. She is not willing to accpet a buyout. Her right to refuse. Reality; 6.5 billion people on the planet, you are not one acceptable to buy the house.
                      Look for a new roof. Kids are devastated.

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                      • #12
                        BTW, a judge cannot force her to accept a buyout.
                        Depends how much you pissed her off. You will find out the cost by offering her way more than the value. Take the offer you make and she accepts, say 300k and deduct the value, say 225k = 75k is the amount you pissed her off.

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                        • #13
                          I think "the ultimate best intetrests of the children" is paramount in every judges mind. Were you advised by a family law lawyer. I think that if she is not willing to sell to you for the same reasonable price that someone else offers then she is the one interfereing in the sale of the home and not thinking of her children's best interests. "a motion could be brought forward which would allow a reasonable offer to be accepted without her approval and the house sells; court gives you signing authority"

                          In the best interest of the kids is most important.

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                          • #14
                            The advice was given to me today, from my family law lawyer who has taken a similar situation to trial and failed. The best interest of the children is absolute BS. I can prove it with my story and give you many indicators that prove that wrong. Its comparable to the inoccent until proven guilty comment often made. It is the hope that you follow, not the rule of the statement. My ex was a prescription drug addict and she has rights and has used the law to protect them. In the end, the kids and I go to counseling to deal with the carnage she left behind, the dismantling of the family, house, the assets you name it. I had to produce all bank and credit card statements, t4s, tax returns etc., get life insurance with her as a beneficiary, pay spousal support and she pays $0 CS. She has no bank account, cleans houses for cash, uses only credit cards and she is now an alcoholic buying her liquid lunches with cash. Before she had a hair follicle test for drugs and alcohol, the Judge gave her liberal access which she rarely shows up for. The kids are hurt and feel abandoned. I paid for this when the children refused to see her. She filed a motion of contempt on me saying I coached the kids not to see her. After the OCL talked to the kids, me, the CAS, the counselor, etc., it was found I had nothing to do with the charge. A $5k discovery. She just said she didn't contact the children because they did not talk to her and the answer was accepted. The bottom line is Family Law and rights of the individuals. You have the right to refuse to sell a house that you list and back out. She does not have to accept an offer to sell to you under the same pretense. Yes she will look bad in court, but this is the least of her looking bad issues. The chances of a Judge granting this order is very slim since there is no law forcing her to take the offer that can be enacted and the lawyer will fight a woman with an anger issue. At least, that's the way it was explained to me and I must note, I paid little attention to the explanation as I sat and stewed.
                            Do I sound pissed off? I say better being pissed off than pissed on. Too late for that.

                            Remember the difference between a lawyer and catfish; one is a scum sucking bottom dweller, the other is a fish. The children, while being looked after in their best interest, pay, with lifetime scars, especially my children's ages.

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                            • #15
                              Seems like it's been made more difficult then it really is. Firstly, you go for exclusive possession of the family home. Your paying the mortgages, bills, etc. You have the kids, she went for spousal, offsetting CS.

                              As far as buyout is concerned, it is covered via equalization. If a value of the house cannot be agreed upon then an evaluation will have to be attained. She likely won't agree to it so you'll have to pay for it.

                              Once you have a valid Net Family Property statement with all values validated via evidence then you will have your equalization.

                              Put in a motion with all your values; I don't think a judge would knock you on it since you my friend are paying her. If she puts up a stink then she's being unreasonable.

                              You'll be looking for an order to pay her equalization, and her vesting the house in your name only. Also, what's gonna happen when the mortgage comes up. She'll have to sign.

                              Good luck

                              Comment

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