Can the house jointly owned be sold after divorce?

The court ordered the house jointly owned to be listed to sell no later than 9/1/2009. The choice was not to sell the house because of market conditions. The house was never listed to sell. The ex wants to move into the house, and evict the current renter. Can the house be sold or do anything to not have any financial connections with the ex?

5 Answers

  • 10 years ago
    Best Answer

    You and your ex are both violating a court order by not selling the house by 9/1/2009, although the reason not to sell may have been a verbal agreement between you and your ex the original court order stands unless you and your ex sighed a written agreement to postpone the selling of the house until a specified time or a specified occurrence such as an increase in the price at a certain price for the house to be sold. Your ex will be in deep trouble were he to evict the tenant and move into the house were there no written agreement between you and your ex for him to do so. You are just as entitled to move into the house as he and unless you have a written agreement between you and he for you to move into the house you would be in deep trouble were you to do so. The fact is the court order stands as it is a written order by the court and it is enforceable by either you or your ex and the house will have to be sold by both of you and each of you will have to sign the deed granting the house to the buyer as you indicated it is jointly owned and being jointly owned means you both own it either in Joint Tenancy or as Tenants in Common. You may want to consider allowing your ex to buy your interest in the house for a specific price, being half the value you and your ex reach of the total selling price he would be selling it to you and you agree to that price. You can enforce the sale by listing it and inform your ex you are doing so as required by the court order and he will have to sign the deed granting the house to the buyer. Of course you may have trouble with your ex over this. Were your ex to move into the house you have the right to contact the police and report him as a trespasser and you will be able to produce the court order to the police and they will have to evict him from the house. You may want to go to the District Attorney's office with the court order in hand and ask the order be enforced and the house be sold. Neither you or your ex has the right to sell your interest to anyone else as that would be a violation of the court order. Violation of a court order is a serious offense and not to be taken lightly. One other thing to remember is that any verbal agreement you and your ex have is only worth the paper on which it is written, and in this case it appears it is not written on any paper. The District Attorney's office may tell you to see your attorney to get this situation straightened out, which will of course cost you more money. Just remember that you have the same rights to the house as your ex and he has the same rights as you. You will not need to have any financial connections with your ex were the house to be sold and the transfer of title to be handled by a title company or a real estate sales attorney, depending on what state the house is located. Once the payment is made half will go to you and the other half to your ex and you won't need to have any contact with your ex. Good luck.

  • Anonymous
    10 years ago

    Have the house professional assessed for current market value.

    Take the value of the house during the divorce and divide that in half.

    Take any additional value or lower value into consideration- add or subtract half of that from the original value at time of divoce.

    He should be paid or pay the difference to you directly by remortgaging or in cash. Then you are off the mortgage and he is responsible for the balance.

    Speak with a lawyer and a banker about how they can help you do this.

    Otherwise put it up for sale and he takes his chances in the open market. You still get your half.

    Just don't let him move in without expectations of payments and when it will be put on the market and what will happen if he doesn't move within a certain timeframe.

  • 10 years ago

    I take it the house is owned by YOU and your EX..........

    My understanding by law is, if one of the owners chooses to sell. Then the house HAS to be sold.

    Because noone is forced to own something they dont want to.

    When the house is put on the market. The other owner has first right to buy out the property. Beyond that, if a price is not agreed, then it goes on the market to the general public.

    Usually in situations like these, the person who wants to sell , generally will not agree for the property to be bought out by the other owner as it does not test the housing market and current price. They may get more if they sell to general public.

  • 10 years ago

    Usually, the spouse who moves into the house refinances the home to remove the other spouse from the deed AND give the spouse half the equity in the house.

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  • Anonymous
    10 years ago

    of course it can. and it should have been by now. and u have a court order. if the house hadn't been listed to sell before the court due date it doesn't cancel the court order

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