Home Buying in Calhoun Falls>Question Details

Seeking Answ…, Home Seller in Calhoun Falls, SC

We wrote up legal contract by lawyer to sell house to couple that was in wifes name. She paid down and was to pay remainder of amount in 6 months.

Asked by Seeking Answers, Calhoun Falls, SC Sun May 22, 2011

Buyer left husband in house and has filed for divorce. Can we do anything
about her breaching her contract? She left state. Husband is scared he
is going to be thrown out and we say no but he will have to pay remaining
balance. We wonder will we have to wait till they have their divorce hearing.

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Answers

5
Those questions need to go to yoru attorney who wrote the contract, hopfully it was your lawyer and not the buyers lawyer who wrote the contracts. If you owner financed and she defaulted in most cases you will have to foreclose on them if you transferred the deed in the sale. then evict the occupants. if it was a straight lease then just eviction. check with your attorney to be safe
Web Reference: http://www.ScottSellsNH.com
1 vote Thank Flag Link Sun May 22, 2011
Get a lawyer. Maybe the same one who wrote up the contract.

I'm not a lawyer, so this isn't legal advice. However, if the husband doesn't keep current on payments (whether or not the house is in his name), kick him out and foreclose. It's unclear from your question whether both the husband and wife are on the mortgage. If he's not on the mortgage, then kick him out and foreclose now. Otherwise--and consult with a lawyer on this--he may argue that he's a tenant and thus protected by provisions applying to tenants.

Again, I'm not a lawyer, but DO NOT WAIT UNTIL ANY DIVORCE HEARING. That has no bearing on your situation. Your situation is that the wife (and maybe the husband) agreed to pay you for the purchase of your house. If they're not paying, they're in default. And divorce proceedings could stretch on for months, maybe even years. You might find yourself in a situation where you couldn't evict the husband and yet have no income from the property and be unable to sell it to anyone else.

So: Check with a lawyer. And deal with the situation now; don't wait.

Hope that helps.
0 votes Thank Flag Link Sun May 22, 2011
Don Tepper, Real Estate Pro in Fairfax, VA
MVP'08
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You need to get an attorney and you need to do it as soon as possible. It sounds like you have someone living in your house who is not on title, not obligated to pay you and is basically a squatter.
0 votes Thank Flag Link Sun May 22, 2011
Regret to hear of your problem.
Since you used a lawyer to write up the contract, you should get in touch with
The lawyer and start foreclosure proceedings at the earliest.

Right you can otherwise choose to wait for divorce proceedings to settle that can take
A year, while you do not get the funds that you are owed, and if the husband cannot make up the
Difference then rightfully he has got concern of loosing the house.

There likely are not much choices here, there is already a breach of contract and the more you wait the
More you loose.

Call your attorney and do the needful. Good luck.
Perry
0 votes Thank Flag Link Sun May 22, 2011
Consult with your attorney, he/she can best advise as it relates to your specific situation....
0 votes Thank Flag Link Sun May 22, 2011
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