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Janus · #11 02-11-2020, 12:38 PM

Quote:

Originally Posted by alongjourney

The intent of the appraisal (per court order) is to provide a fait value so that I can buy her out and that the kids can keep living there.. both parties agreed on the appraiser.

If you have a court order that says you get to buy her out for the price set by the appraiser, then why are you here complaining? You have the price, so now complete the transaction.

If she refuses to complete the transaction, you go to court to dispense with her consent. Court is great at forcing people to do stuff that they don't want to do.

That said, I suspect you don't have an order that automatically entitles you to buy her out at the price set by the appraiser.

rockscan · #12 02-11-2020, 12:50 PM

Quote:

Originally Posted by Janus

He was not paying occupation rent. The mortgage payments would likely be considered to be offset from that.

If he wants to buy her out, he has to buy her out at current value, which is whatever value SHE thinks it is. If they disagree, as I said, the house can be sold on the open market and he would certainly be allowed to bid on it.

I don�t agree with his attitude about the value of the house. I was trying to recommend an approach that may avoid losing thousands losing in court.

I will also state my common comment: how much is the value and how much do you stand to lose in court. If the value you will gain by getting what you want is say $25,000 and you will pay a lawyer $25,000 to fight it and her $25,000 in costs because you lost, you are out money.

Plus the ongoing emotional bs about how you stole from her. Not fun.

alongjourney · #13 02-12-2020, 10:51 AM

Correct, no court order for purchase of house. Only for appraisal. Mediation that was scheduled is now postponed at her request. So yes, things aren't going anywhere.

:

The longer the wait the higher the mortgage will be, and to get a mortgage approval I need a separation agreement that provides the amount of child support / spousal support otherwise no lender will touch me. And that will likely drag on and on while home prices skyrocket.. Already went up by 45k (~8%) since last year

And if we sell and she gets her money before anything else is settled well chances are she'll use that to fuel her legal battle, per her multiple threats over the last year.

Oh well. such is life. At least the kids are now happy, sleep well, and are healing over time. I'm just hoping everything can be done before the probation order expires

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