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#772127 - 07/14/16 03:52 PM Wifes Ex trying forcing sale of home
Overhaul1 Offline

recently joined

Registered: 07/05/16
Posts: 9
So my wife and I live in the house her and her ex own. In their divorce agreement it states that in lieu of child support he would pay the mortgage (no set number of years). It also states that upon refinance or sale they would split equity.

Now 5 years after the divorce, he wants us to refinance (which we would love to do, but my wife's income is low and my credit is horrible). So because we cannot he is basically telling her he is going to force the sale of the home.

She has physical custody of the kids ages 15 and 12, what are the chances he would be able to get this done?

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#772128 - 07/14/16 05:25 PM Re: Wifes Ex trying forcing sale of home [Re: Overhaul1]
TJMH Offline

enthusiast

Registered: 07/17/15
Posts: 338
By what means is he saying that he will "force" the sale of the home? Sounds like the divorce judgment doesn't require it. If he doesn't have a legal strategy it may just be an empty threat.

Does the agreement say anything about child support after sale or refinance? Doesn't seem right that at that point your wife would then be responsible for housing cost (refinanced mortgage or rent/buy another residence) and custody of the kids but still be getting no child support.

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#772129 - 07/14/16 05:39 PM Re: Wifes Ex trying forcing sale of home [Re: TJMH]
Overhaul1 Offline

recently joined

Registered: 07/05/16
Posts: 9
Yes it does say "If and once the marital home is sold, the parties will come to an agreement on child support or will seek modification of this subject agreement".

No where does it give a time frame of how long he will pay the mortgage or when the house should be refi'd or sold.

He would obviously have to take her back to court, and my only thought on that is the judge may be more apt to leave her in the home for a time period because the children are under 18. Or give us a specific time frame to refi or sell.

Bottom line is his wife borrowed $10,000 from his in-laws to purchase their new home and he wants to pay that back. they borrowed the money assuming we would try to refinance this spring, which we did but cannot be done. We never guaranteed him we would, not or fault he borrowed money based on an assumption. But now he's getting nasty

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#772130 - 07/14/16 05:46 PM Re: Wifes Ex trying forcing sale of home [Re: Overhaul1]
TJMH Offline

enthusiast

Registered: 07/17/15
Posts: 338
If the timeframe for selling the house isn't specified, I wonder if that would be considered modifiable by the family court?

If not he could probably file a separate "partition" lawsuit to fore the sale, but either way it would probably cost him more in legal fees than the $10K he's trying to get his hands on and he'd still probably have to explain why he wants a change from the terms of the existing divorce settlement which don't require sale within a specific timeframe. So if he gets nasty just tell him to take it to court or shut up.

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#772131 - 08/30/16 04:14 PM Re: Wifes Ex trying forcing sale of home [Re: TJMH]
HomeCoachHelp Offline

recently joined

Registered: 08/30/16
Posts: 3
You can possibly buy him out through hard money lending? If you want to give it a try email [email protected]

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