Trying to sell matrimonial home

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momof 3C's

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Separated from ex over 2 years ago. Currently in matrimonial home and waiting to list. Two of three children have moved from my residence to his and now I can't afford to live. I need to find another place but lawyer says I can't until house sells. How do I stay here if I can't afford it? Do I just walk away from the house? My lawyer hasn't returned any calls on this matter.
 
if there is a mortgage on the place and you and the ex own jointly then you risk screwing up your credit. Any chance teh ex would be willing to move in after you move out and pay the bills till the house sells??
 
you own the house - not the lawyers. I s it not your right to get together and agree to sell, the house proceeds goes into an escrow account until the rest of yout settlement is settled - then your house proceeds can be dispursed???
 
Just a thought, but if you feel you have no other options, are there spare rooms in the house you could rent out to help make ends meet until it sells?

Good luck

Angie
 
Call an agent, have the house listed on a determined asking price.
The agent will contact the other party for their signature to list and they are always hungry for a listing.
Then the crowds come. My ex did that with me and I am living in the jointly owned home with the kids.
Renting out rooms in the meantime might get you in some hot water with the ex claiming compensation for the rent. I wouldn't go there in my opinion.
 
If the OP does not sign the listing agreement, yo can make a motion to the court that the OP is interfering with the sale of the property. The judge should order it listed and if the OP still interferes, you can have the judge sign and sell the property on the OP behalf, in other words, sign for him.
 
lorlaman said:
Call an agent, have the house listed on a determined asking price.
The agent will contact the other party for their signature to list and they are always hungry for a listing.
Then the crowds come. My ex did that with me and I am living in the jointly owned home with the kids.
Renting out rooms in the meantime might get you in some hot water with the ex claiming compensation for the rent. I wouldn't go there in my opinion.
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when i tried to to that in a previous relationship the agent wouldnt even touch it until he had an agreement signed by the other party that they were willing to sell.
 
What is the ex's position on the sale of the house? He would be entitled to 1/2 the equity at the time of separation, so there may be an issue there. There is a good chance the proceeds of the sale would be held in escrow until equalization is finalized.

So I guess I would advise the ex that you would like to sell the house. Agree to have it appraised and listed at the appraised value. If he doesn't agree, then you will need a court order to cause the sale of the house as the house cannot be sold without his signature as he is on title.

I don't think the lawyer is saying you can't sell the house. They are just saying you can't sell the house without your ex's consent or a court order.

Should you stop making mortgage payments and adversely affect your ex's credit, they may also have claims against you in civil court....but not 100% on that part.
 
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