Ex spouse does not want to sell our property!

angiepat · #1 Nov 3, 2008, 01:20 AM

My ex wife and I got divorced about 8 yrs ago and the property had to be split 50/50 however we agreed to keep the property for the sake of the kids. I now want to sell this property and she is refusing to provide me with any documentation whatsoever... What steps can be followed in order for me to get her to sell or to pay me my portion of the property.... Please help?

rockinmommy · Nov 3, 2008, 05:55 AM

Well, normally in a situation like this there has to be a "meeting of the minds" to move forward in any direction. If you can't get her to buy you out or sell altogether you could offer to buy her out. Then you'd be free to sell or do whatever you wanted with the property. If she refuses all of that I believe you would haveto take her to court. Either back throug the court that handled the divorce if she's in violation of the divorce decree, or just sue her in civil court to try to force some sort of action.

What's the status of the property? Is that where she lives? With the children?

angiepat · Nov 3, 2008, 09:47 PM

Quote:

Originally Posted by rockinmommy

Well, normally in a situation like this there has to be a "meeting of the minds" to move forward in any direction. If you can't get her to buy you out or sell altogether you could offer to buy her out. Then you'd be free to sell or do whatever you wanted with the property. If she refuses all of that I believe you would haveto take her to court. Either back throug the court that handled the divorce if she's in violation of the divorce decree, or just sue her in civil court to try to force some sort of action.

What's the status of the property? Is that where she lives? With the children?

We bought the property about 14 yrs ago and she has been staying in the house with the kids since we got divorced.. !! I have spoken to her about buying me out but she is refusing!! Does she have any rights around doing that??? and would it effect anything considering that I havent been staying there since we got divorced??? and that my kids are still in the house!

angiepat · Nov 4, 2008, 05:22 AM

Quote:

Originally Posted by ScottGem

Unless the divorce decree requires that she buy you out, refinance or sell the house within a certain time frame, you are stuck.

You could take her to court to force a partition or sale. Is there a reason this has become urgent?

Apart from the house deteriorating and no maintenance work being done to the house I have been living in a flat and paying rent since i moved out and need to buy property again!!! So i am prepared to buy her out if she co-operates but she is not!

rockinmommy · Nov 4, 2008, 05:31 AM

Well, my guess is that if you make it worth her while monetarily she'll cooperate. Does she have anywhere else to go live? Is she remarried?

The thing that I see happening is that if you tried to take her to court she'll say that the two of you agreed for her and the kids to go on living in the house. Unless you can show that not to be the case I doubt a judge would rule for anything to happen.

My gut instinct about this is that there's more going on here than just a proposed property transaction. She probably thinks she's "getting even" with you for whatever has happened in the past, etc. Maybe she felt powerless in your marriage and now she realizes that she has some power in this scenario.....I don't know. I just think if you want what you want you're going to have to get inside her head and figure out what WOULD make her want to buy you out or sell out to you or whatever. It sounds like you're trying to bulldoze through her. I think you'll catch more bees with honey than with vinegar in this situation. Decide if you want the sale of the house, or if you want a fight.