Ask Experts Questions for FREE Help !
Ask
    dchase1981's Avatar
    dchase1981 Posts: 1, Reputation: 1
    New Member
     
    #1

    May 7, 2009, 01:28 PM
    Ex is trying to sell house
    I'm trying to keep my ex from selling the house I live in until property values go back up. In the divorce decree it states that before any profit is split, my mom is to be repaid $60k for a personal loan. She has now placed a lien on the property.

    My question is, in order for him to sell the house for less than the total amount owed, does she have to give permission to accepting a lower price?
    Zazonker's Avatar
    Zazonker Posts: 126, Reputation: 19
    -
     
    #2

    May 7, 2009, 02:43 PM

    Based on the information provided, no.

    Separate from the divorce decree it would appear that there is some paperwork related to the loan. What it actually says, may change things. But, all else being equal, if she is owed a personal loan of $60K, has placed a valid lien on the property, and the property is sold so she nets, say only $40K, she can't stop the sale. But, she would still be owed the balance of $20K. It would be different if she held an actual mortgage on the property.

    So, this looks like the home is worth nothing to him. Whatever equity is in the house is going to be absorbed by the personal loan or you wouldn't have asked the question. And, I might guess that he is paying expenses that he'd like to get out from under. He, at least, has the loan on the property which would affect his ability to get other loans.

    That leaves the question of actual ownership of the property. If you are listed as joint owner, you could stop the sale subject to whatever limitations may be in the divorce decree. If he is sole owner and he isn't limited in the divorce decree other than your mother's loan being paid before you and he split any profits, it seems there is little you could do unless you have other issues in your favor. For example, if there are any terms of the divorce that he is unhappy with that you don't really care about (or care less about than the house), you might suggest that you give in on some totally separate issue in return for him not selling at this time.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Who has the right to sell house [ 1 Answers ]

The deed is in my friend's name also The mortgage is in my name I recently signed with realtor to sell the house Do I need both of us permission or just my signatures are okay with realtor:confused:

Will I sell my house and be able to buy another one [ 1 Answers ]

Hello... I am about to put my house on the market... can anyone tell if I will be able to sell this one and buy a bigger one in good condition. Can anyone tell me when I will sell this one and what the house I will get looks like? Any info would be very helpful. Thanks for taking the time to...

Can my HOA sell my house? [ 2 Answers ]

I am behind in my hoa dues and was cited for a satellite dish in front of my house. My hoa sent me to collections and they are threatening to sell my house if I do not pay in full. Can they legally sell my house even though I'm the one who pays the mortgage on it?

Need To Sell My House [ 3 Answers ]

My house is on the market and we need to sell before we lose it to foreclosure, how long do I have to try to sell it before we lose it? It is not official yet, but possible this month if we do not catch up on past payments. Any suggestions would be helpful. Thanks!


View more questions Search