I am in a difficult situation. I still own a house with my ex-husband even though we are divorced.

Jill
Home Seller
61704

I am in a difficult situation. I still own a house with my ex-husband even though we have been divorced for over three years and separated for over five. The separation and divorce papers said that he was solely responsible for all of the expenses associated with the house because he is residing there. It also said that we were to sell the property and split the profit. My ex did not put much effort into the sale for the two years after the separation and divorce, but now he is remarried and wants to move. The house has been for sale for three years and has not sold. He has asked me to take a loss of a few thousand dollars or more in order to sell the property. I told him that I could not afford to take a loss on the property. Now he is threatening me that he will move anyway and I would be responsible for half of the costs associated with the property. I too want the house to sell, but can not afford either option. Do you have any advice that might help?

Answers (12)
Gerry Wahlheim
Agent
Bloomington, IL

No question about this answer- Consult your original lawyer that handled your divorce. Ask the lawyer to review at least 3 sale scenerio's ( different sale price) that way you will also be able to determine the potential personal income tax efffects on you.
If you would like a quick CMA on the property feel free to contact me-
gwsold@gmail.com

Fri Jul 10 2009, 04:46
Mike Hutson
Agent
Bloomington, IL

First I would recommend you discuss this situation with your attorney to determine if there is anything legally on your side. Secondly I would recommend several agents providing Comparable Market analysis of your property to determine a price that would sell your property within a specified time. There are many factors when dealing with your situation that I am unaware of at this point. Do you have a second mortgage on the home? What condition is the home in? etc? Three years is a long time not to have a home sold in your specific zip code!

Tue Jun 23 2009, 22:11
Steve Stevens
Agent
Bloomington, IL

Jill, Greg and Milt are giving you some great advice. But your situation needs to be taken a step further. Yes we have a better market then the majority of the country but homes aren't selling as quickly as they did three years ago. You don't say if the home is listed with a professional or your husband is selling on his own. But you have two options in order to sell. You can wait for the market to get to your price or you can go to the market price now and sell. Three years is really a long time in any our market here.

Milt's example of a home selling fast is a good example of having a home priced right for todays market. And it takes a savy agent to suggest the correct price to sell a home today. In the past agents would overprice a home to get the listing and then wait for the owner to get frustrated and lower the price.

Fri Feb 20 2009, 05:35
Milt Emerson
Agent
Bloomington, IL

Unbelievable! Bloomington/Normal is a very strong marketplace due the stability of its major employers(State Farm, ISU, Country Companies etc.) All Real Estate Markets are locally driven. According to the local MLS stats, there are 811 homes for sale in B/N. In the last 6 months 469 of these homes were listed. In the last 6 months 687 homes HAVE SOLD! I recently had an accepted offer on a house 18 days after it was listed (Jan 19th). PLEASE talk to a LOCAL REALTOR of your choice who know what has happened in the last 3 years.

Thu Feb 12 2009, 16:31
Keith Sorem
Agent
Glendale, CA

Jill
You sound pretty frustrated. I would respond to your post with these suggestions:

1. Look at the link below. According to this link there are over 700 homes for sale, and now recently sold properties. In other words, this is not the time to sell.

2. I don't know this market history for three years, but I can tell that in all likelihood the value has probably declined over the past three years. The other fact is that other homes have sold during the past three years.

3, So it appears likely that by NOT pricing the home correctly, and not selling it as ordered, you might be able to prove damages. Ask an attorney.

4, IMHO it seems to me that whoever was monitoring this sale did not do a good job. The fact is in a court ordered sale a property will sell at the right price. Which makes me wonder....what else has been going on during this time? Why did your ex not want to sell? Cheaper than renting? So now that values of dropped, he wants to walk away, have you pay half of the loss, and he gets off scot free?

I heard about a lady that got her attorney to negotiate that she got the house, he got her share of his 401K.

Because there appears to be a loss I would go back to the attorneys and ask them what they recommend. I would also ask a Realtor for an Estimate of Fair Market Value. if you need a competent Realtor to provide this service, please contact me via my profile.

Good luck.

Thu Feb 12 2009, 15:06
Milt Emerson
Agent
Bloomington, IL

Hi Jill,
Unlike 5 of the other Realtors, Greg and I are Realtors in the Bloomington area! I would agree with Greg and advise you to contact an Attorney ASAP before your ex damages your credit through his actions or inactions. Either Greg or Myself can provide you with the names of Attorneys who specialize in Real Estate. If you have worked with a Realtor in the past that you feel comfortable with I would recommend that you contact that Realtor for up to date comps that reflect local market conditions. If not, please feel free to contact Greg or myself.
Milt Emerson
309-838-1810
memerson@cbhoa.com

Wed Feb 11 2009, 15:17
David Chamberla...
Other/Just Looking
St Petersburg, FL

Sounds like you listed the property to high and then you reject an offer probably at the current value. Are you being unreasonable?

Wed Feb 11 2009, 13:46
Greg Zavitz
Agent
Bloomington, IL

Hello,
Unlike the 4 previous answers from Realtors in other areas of the state or country... I am from the 61704 Bloomington Normal area. If you would like to talk to a local Realtor please feel free to give me a call or email and I would happy to give you the names of some good attorneys in our area. You will need an attorney to give you the legal advise but I would be happy to give you some options on the Real Estate side.

Greg Zavitz
309-275-4734
Coldwell Banker HOA
greg@zavitz.com

Wed Feb 11 2009, 13:40
Lisa Schade
Agent
60031

Hi Jill-
Although my colleagues have answered correctly, in the fact that you need appropriate legal representation, as far as your divorce and the responsibility of the legal obligations associated with it, I'm not quite sure that you are asking us to play attorneys, because again, my colleagues are correct. We cannot.

However, I am hearing you ask two separate questions. And I don't think either one of them are legal, meaning, I don't think we need to be attorneys to answer them. Please correct me if I am wrong.

Since, I am not an attorney, I can only share my experiences...Maybe they will help.

I can tell you, also being divorced, it really doesn't matter what is on paper. You need to protect yourself and the only way to do that is to hire an attorney, to minimize the damage.

But, that being said, You need to be prepared to be responsible in case he holds true on his threats. Because, the timeline, from his possible nonpayment, would be quicker, than the timeline associated with trying to make him be responsible to his obligations.

An attorney can alter the outcome of any detrimental situations, if acted on in a timely fashion. In otherwords, BEFORE anything happens.

However, that being said, depending on what it states in your divorce decree, if you are not on the note and he in fact is responsible, on paper, for all of the expenses associated with the divorce, once you have your attorney review your divorce decree, you can submit a copy of your divorce decree to the Credit agencies, along with a letter explaining what the situation is.

Hope that helps.
If you'd like to discuss this further, please feel free to contact me directly.

Lisa Schade
847-828-5355
Lisa.Schade@kw.com

Wed Feb 11 2009, 11:09
Alyce Martin
Agent
Albuquerque, NM

Jill,

Realtors are experts in buying and selling real estate and your question is real estate related, however, this is a legal issue. We cannot practice law if we are not attorneys. You need a lawyer. Good luck.

Web Reference: http://abqhomehunter.com
Wed Feb 11 2009, 10:21
Lynn911.com Dal...
Agent
Dallas, TX

Confer with an attorney determine if he is in violation of your divorce court orders if so perhaps without contempt of court charges he might take the loss on your behalf.

FEW OTHER SUGGESTIONS: if he moves the home could go to foreclosure take both of your credit scores if you are on the mortgage? or are you strictly on title? You need to investigate your financial obligations to this property.

OPTION: can he take a loss behalf of both you have a repayment plan back to him or reduction in any child support fees he pays you.

OPTION: is there a flat fee listing agent this can save you $1000's at closing

OPTION: have you consider leasing property or lease purchase

Best resolve in a calm manner than anger accomplish nothing and potential credit scores ruined.

Web Reference: http://www.lynn911.com
Wed Feb 11 2009, 10:04
Brandon Schuppe
Agent
Westchester, IL
FIRST ANSWER

Consult with your attorney.

Wed Feb 11 2009, 09:48

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