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  • matrimonial home

    can a judge order to force sell the house

  • #2
    Your husband is disabled and you feared for your life and your children's lives so you had to move out. Your husband is disabled to the point that the home was modified and he qualifies for personal attendant care. I hope you don't take this the wrong way but is your husband a disabled wheelchair-bound athlete or superhero? Just doesn't make alot of sense to me.

    I see a problem with your situation in that the house has been modified for your husband's disability. Likely a great amount of money has been put into the home for these modifications. I would think that you would have to get several independent appraisals done. If your house were sold would his insurance company be prepared to pay to modify his next home or are the modifications a one-time arrangement?

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    • #3
      us the law about that?

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      • #4
        Originally posted by ariesfire View Post
        .......... he lives in the house and now we are in court. he wants to buy me out but he us relying on his insurance company to pay for my share. it sounds very unrealistic that this could happen and i think he is just stalling the case by saying that. the house had some modifications done to accommodate his disability, but the insurance is also offering him a new condo fully paid but my ex wants to stay in the house. I want the house to be sold.
        So, basically you want anyone else in the country living in what was your matrimonial home.....except your ex.

        Why?

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        • #5
          supposed to be jmms ewie

          jsshkhksdfiasfyh

          tumsajabhaarmai

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          • #6
            Well this is anything but a simple case. First thing that comes to my mind is that he is represented by an injury lawyer. Those lawyers are indeed crafty and dragging cases out for years on end is their mantra. They live to bleed insurance companies and make a very good living doing that.

            I would think, based on what you have said so far, that your best option would be for the home to be sold. If you can get evidence that the insurance company is willing to modify and purchase a condo for him I would think that would be compelling evidence to support your claim that selling the home will not negatively impact your spouse or effect his disability. In fact, he would be in an improved financial situation if the home was to be sold. Probably one of the most important issues to focus on would be what is in the best interests of the children. If there is an increase in monthly cash-flow by selling the home, it stands to reason that the children will benefit financially. I would focus on this and have your lawyer request 3 independent appraisals for the home and have it put up for sale forthwith.

            I hope you have a good lawyer. You will likely have to fight a sort of "disability guilt" (prejudice in favor of disabled people) and it will be distasteful for many. While you are focusing on the best interests of your children you may have to remind others of your rights under the matrimonial property act.

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            • #7
              Originally posted by ariesfire View Post
              supposed to be jmms ewie

              jsshkhksdfiasfyh

              tumsajabhaarmai
              say what???

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              • #8
                ?? ^ did someone else take over the op's computer?

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                • #9
                  My guess is that the op started to reply left the window open and a cat jumped on the keyboard.

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                  • #10
                    Originally posted by SingingDad View Post
                    My guess is that the op started to reply left the window open and a cat jumped on the keyboard.
                    Or made a regular post and then edited it to remove the question.

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                    • #11
                      No judge can force you to seek your share to him. He will argue the modifications, but if the insurance is offering him a substitute which could at the end make his expenses go down and he can have more money to live s better life with the kids, the judge will order for the house to be sold. Regardless, even if he does not have an alternative, this is as much as your house as his, you can ask possession for the house too. if there is a dispute, usually judges give their opinion but they cannot force any One of you to give up their share. Im sure your rd is committing disability fraud and taking advantage of the system by using his didability card. Trust me, my ex got away with so much crap but at the end it came back to bite him. if you know he is lying to the insurance, you can do so much to from his insurance claim. he is talking this money being fraudulent, when this money should be going to someone who truly deserves it. I can totally understand wheret you are coming from. Don't get intimidated by him, do what you have to do for your kids.

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                      • #12
                        Originally posted by HammerDad View Post
                        Or made a regular post and then edited it to remove the question.
                        our she felt judged and attacked from people who don't even know her story and pain. i guipure she comes back, i really do.

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                        • #13
                          Originally posted by needalittlehelp View Post
                          our she felt judged and attacked from people who don't even know her story and pain. i guipure she comes back, i really do.
                          Not to be rude, but maybe you should do a little research and look at past posts. She is trying to force the sale of a house, that has been modified by the insurance company ONLY because she doesn't want to the ex to keep the house.

                          If he is willing to buy her out, it doesn't matter where he gets the funds from, as long as she gets her share that is all that matters.

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                          • #14
                            That is her house too, and because they are no longer together it is not get job to look after the disabled ex. For whatever reasons, if she thinks that it is better to sell the house that is her personal choice. we don't know why she wants the ex out of the house, so why judge her. its her life, she came for advise, stick to giving advise not judging her and attacking her. who knows what a monster her ex is. just because he is disabled doesn't mean he us a victim and this is the dilemma of our soceity, where we automatically assume that he is disabled so he had to be a victim. i have gone through this with my ex and trust me the things he got away with were shocking. Either way, this poor lady asked for help and now she probably won't come back. she asked for legal help and advise, our job is to advise her without giving or opinions. That's the purpose of this forum. to help and support!

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                            • #15
                              Originally posted by Berner_Faith View Post
                              Not to be rude, but maybe you should do a little research and look at past posts. She is trying to force the sale of a house, that has been modified by the insurance company ONLY because she doesn't want to the ex to keep the house.

                              If he is willing to buy her out, it doesn't matter where he gets the funds from, as long as she gets her share that is all that matters.
                              And if you do a little research the insurance is buying him s fully paid condo with ask modifications to accommodate him. The wife does not have to agree to give up her share especially if it does not impact his disability, and even if it did , matrimonial home belongs to both and no judge will force the wife to agree to having him buy him out. he erik ultimately see it as a disputed property and then order for its sale, whether its on profit or loss, he will order for the sale.

                              Comment

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