javajunkiee
Carpal \'Tunnel
Reged: 06/01/08
Posts: 3155
Loc: SC
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Re: Alimony and a Yacht
11/05/11 11:12 AM
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Shanti - I would shoot for elliesmom's proposal, but accept Renny's at a bare minimum. If he balks at you staying in the house until it sells because of this economy, I would include language in the order that specifically outlines what steps you two will take in the event the house doesn't sell for a prolonged period.
Example: House doesn't sell by x# mos after divorce agreement price is dropped by x$. House still doesn't sell by x# mos, price is dropped by an addl x$. House doesn't sell by an addl x# mos both parties agree to take action that includes a)A, b)B and c)C. Shanti agrees to keep home in clean and presentable condition for prospective buyers and notify Huband of needed repairs within 48 hours. Cost of repairs to be paid by H in advance of sale and 1/2 cost to be deducted from an equity paid to Shanti. Purchase offers presented within 5% of asking price shall be accepted, offers exceeding a 5% differential will be countered by at least half the amount of the difference added to the buyers offer. (ie you list at 450k, offer is for 350k for a diff of 100k, you and H counter with a min of 400k.)
The reason I put this in here, and the numbers are totally hypothetical, is because the sale of a home can throw a huge wrench into a divorce. Usually at least one person is stuck having their name on a house when they don't want it there, and that leaves them at the mercy of their X to affect their credit. Other things like if the house is not kept in good repair and presentable that also can aggravate attempts to sell, or say one spouse finds an offer acceptable that another spouse doesn't for whatever reason, can also cause issues.
However you word it is up to you, what you're willing to deal with or wait on is between you and him. Think about it beforehand though and spell.it.out. Vaguely worded orders can cause you (and him) a LOT of grief down the road.
Always be specific. Always ask for at least a minimum of what you will accept. That'll give you a starting point to negotiate from.
Edited by javajunkiee (11/05/11 02:35 PM)
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