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  • forced to sell house

    Under what if any circumstances can my husband force me to take offer on the house. If he makes me an offer and I refuse, can he force me to drop the price $10,000.00 every month til sold. He can afforD to steal the house from me I CAN NOT RECIPRICATE.

  • #2
    You need to speak to a real estate appraiser. Not a real estate agent, although sometimes couple will agree to do that because it's cheaper, but agent's give estimates, they aren't qualified to do an appraisal.

    Then you have an established value for the house that will stand up in court. Your husband is not going to get a court to force you to sell to him for less than that, or force you to accept an offer lower than that, unless there are more extreme circumstances.

    If you cannot afford the current mortgage, and he cannot because he is paying his own housing, then there would some strong reason to sell quickly, since the bank will eventually foreclose. He would have to show a significant reason such as this to force a quick sale for a lesser amount.

    If you both want the house, then it would come down to each of your arguments as to who should be allowed to buy out the other.

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    • #3
      Are planning on keeping the matrimonial home? If so, I take it you are buying him out of his interest in the home? Can you afford to keep the home and carry the mortgage?

      The courts don't like to cause the sale of houses. They generally only do it when it is obvious that the person who wants to keep it, can't afford to buy out the other spouses interest in the house.

      Not enough details here to provide a sound answer.

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      • #4
        Janice... like HammerDad pointed out... if you are wanting to keep the home, the first thing you have to find out is if you will be approved for a mortgage... if there is no hope you will be approved and the only way the mortgage is being paid is because the ex is paying the mortgage, your best bet is to sell. I can understand it will be hard to give up the home, but before this goes any further or anyone can offer any advice, you need to know if you will be approved for a mortgage.

        Also, like Mess stated, you need to have the house appraised to find out the true value... what you think it might be worth, may not be what it is actually worth. If you are planning to buy the ex out, but are not able to do so, he can certainly request the house be sold.

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        • #5
          So he can.
          He obviously knows this, else he would not be playing hard ball.
          I guess the only negotiatingi have is to sue for support, he is offering $6.00 for the years.
          These unctous characters of the world. The world is like the animal kingdom,parasites and lions

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          • #6
            Sorry $6.00 per hour for three yeras

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            • #7
              If your house hasn't sold in 3-4 months (major city?), definitely you need to look at dropping the price (and possibly also doing some reno/styling if needed). Dropping the price each month seems like a reasonable approach. No idea how much your house is worth, so no-one can comment on whether the $10k increments are reasonable. I think it would also depend on the sales activity level in your market.
              Last edited by dinkyface; 12-10-2012, 04:34 PM.

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              • #8
                Parasites and lions, indeed. Which one are you?

                $6/hour? Sounds like a sweet deal - that's $1000/month!!!

                Not to mention that up to this point he was paying you while you were NOT working.
                Last edited by dinkyface; 12-10-2012, 04:40 PM.

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                • #9
                  Originally posted by janice020204 View Post
                  Sorry $6.00 per hour for three yeras
                  Care to expand on that point a little bit?
                  Unless you are entitled to SS, suing for it, will not get you anywhere... you must prove entitlement, as it is not automatic. Hopefully you are able to do this.

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                  • #10
                    Originally posted by dinkyface View Post
                    (and possibly also doing some reno/styling if needed).
                    Renoing very rarely adds to the price enough to cover it's own cost. Most people would want to remodel when they move in, so it often goes to nothing.

                    Patching drywall, a fresh coat of paint, and clearing out clutter and a few pieces of furniture helps a lot. People like to see open space, it gives them ideas of what to do, and lets them feel they are moving into somewhere larger and more spacious. Of course some furniture and pictures on the walls, but the more roomy it looks the better.

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                    • #11
                      Thanks, but I am a realtor, just hard to be objective when it is your own place and own a home worth more than people around here are accustomed to paying. I know it is worth more, but in the sticks nobody will pay for it. I guess just better to let him win this battle. I know he loves the house. It is just bricks and mortar to me. Support payments are more inportant when in survival mode, I can make anything gorgeous, He is your tyical buyer, buys the nicest house then wrecks it.

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                      • #12
                        So if you are a realtor why do you need support...how are you entitled to support?

                        That comment right there you may have shot yourself in the foot...

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                        • #13
                          I will not even go there.

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                          • #14
                            Originally posted by janice020204 View Post
                            Thanks, but I am a realtor, just hard to be objective when it is your own place and own a home worth more than people around here are accustomed to paying. I know it is worth more, but in the sticks nobody will pay for it. I guess just better to let him win this battle. I know he loves the house. It is just bricks and mortar to me. Support payments are more inportant when in survival mode, I can make anything gorgeous, He is your tyical buyer, buys the nicest house then wrecks it.

                            Talk about attitude.

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                            • #15
                              Well as a realitor you should be in the know for what the house in the styxs really would sell for, as they say location, location, location and please have what buyers are looking for in the homes of your size and pricepoint - nothing harder than selling a home with one bathroom when the market is all about two bathroom/ensuite crazy.....

                              You are in the same boat as we are with the house, it is owned outright but half a house either one of us can afford means sell the house. My ex is all about trying her best, get the value (hence the selling price down) so that she might have a chance at keeping her dream home (that I was nice enough to reno in the last six years and untold amounts of pain.... the price I pay for everything). To the point, the judge made the second comment on the house being sold as niether of us can maintain the lifestyle we had made together over decades. I knew this the moment she asked for her divorce, the only difference between us was my willingness to be honest with our older children. We will always figure out a way, each one of you will have a place to call home for as long as you need it - it just can't be in this house.... it is just too expensive.

                              For you though, you do not have the high attachment which helps. As a start, my ex put her number out there and I foollowed with a well presented 30 page presentation including comparables, history and her take on "How the market is doing", up or down over last year. This the judge just bought it at face value saying it looks like someone did some homework at for now set a fair price for the home - was told later it just means that the judge appreciating somebody who takes the biggest asset we have seriously....

                              I was told that we get our shit together or the judge will order it done, and niether of us will like the outcome - good advice for anyone......

                              Comment

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