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Devaluing the Matrimonial Home

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  • #16
    get the court order to have it listed. Has the neighbor made a firm, proper offer for the house?? I mean more then him just saying to you he wants to buy it. Have a firm offer that is totally legal. That would firm up your position. I can tell you I will pay 900k for your place, but unless its a formal offer it really means nothing.

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    • #17
      Originally posted by standing on the sidelines View Post
      get the court order to have it listed. Has the neighbor made a firm, proper offer for the house?? I mean more then him just saying to you he wants to buy it. Have a firm offer that is totally legal. That would firm up your position. I can tell you I will pay 900k for your place, but unless its a formal offer it really means nothing.
      As of last night, yes.

      It’s a written document with his full name, photo of his driver’s license, an offer of $750K, his commitment to put a $5,000 deposit in-trust, confirmation of what items stay and what items go (basically major appliances), and the offer is available for 90 days.

      It’s as solid as I can get in terms of an offer.

      I obviously can’t accept it on behalf of my ex, so I really have no response other than a rejection, which I don’t intend to do so. The only other issue is the offer was directed to me directly and not my ex. I don’t think this will be an issue though.

      The only thing I can do is let the offer lapse. I can’t even make a counter-offer without the ex signing off on it.

      Part of me wants to just have the house sold to him for $750K, give my ex 50% of the $650K (per her valuation), and keep the remaining difference of $100K to myself. But winning the house battle may mean losing the divorce war (so to speak).

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      • #18
        Originally posted by PotatoLogic View Post
        As of last night, yes.

        It’s a written document with his full name, photo of his driver’s license, an offer of $750K, his commitment to put a $5,000 deposit in-trust, confirmation of what items stay and what items go (basically major appliances), and the offer is available for 90 days.

        It’s as solid as I can get in terms of an offer.

        I obviously can’t accept it on behalf of my ex, so I really have no response other than a rejection, which I don’t intend to do so. The only other issue is the offer was directed to me directly and not my ex. I don’t think this will be an issue though.

        The only thing I can do is let the offer lapse. I can’t even make a counter-offer without the ex signing off on it.

        Part of me wants to just have the house sold to him for $750K, give my ex 50% of the $650K (per her valuation), and keep the remaining difference of $100K to myself. But winning the house battle may mean losing the divorce war (so to speak).

        The problem is that the only loss will be her dragging her heels. Which can be solved with an appointment with a judge. Get the order to sell the house and maybe see if you can tack on all the other stuff to the order too.

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        • #19
          I had to get a court order to force the sale of my home but I also had to get a court order to list and sell without ex spouse consent. You need both orders in my opinion because you can list it but to accept an offer she will have to sign. And she won't be signing to give you a hard time and delay the sale.

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          • #20
            Following this post

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            • #21
              Originally posted by PotatoLogic View Post
              I need to get a court order to force the sale of the house, or simply list the house on the market.
              Yup. Go get it.

              I know what's going to happen next. Every other issue we agreed on (pension, child support, etc.) is going to be off-the-table, and I'm going to have to litigate for something that was previously agreed on.
              I remember we had a poster once who came in and said something along the lines of "we had agreed to everything except child custody".

              Yeah, that means you agreed to nothing.

              The house is a MASSIVE item. If you have not agreed on the house, then you haven't really agreed on anything. She potentially made some concessions on child support and the pension with the understanding that she was getting the house for $650k. There is no reason for her to stand by those concessions now that the house is getting yanked from her.

              You are effectively saying "ok, let's take that agreement but you owe me an extra $50,000". Expecting that to be drama-free is a little silly.

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