What to do if my ex-spouse wants to sell our house in a bad market?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if my ex-spouse wants to sell our house in a bad market?

My divorce has been finalized for over a year. My ex wanted the house. I wanted to sell it but agreed she stay there until our daughter graduates as long as she pays the mortgages. Then we would sell and split the profit/loss. I agreed to pay her maintenance until that time. She agreed but now changed her mind and says she cannot afford it and wants to sell now (there has not been a change in finances). She is filing a post decree domestic case management motion. Can she do this? The housing market is bad now. The divorce paper says I will be held harmeless. What do I do?

Asked on September 23, 2011 under Family Law, Colorado

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Well a mortgage and title in property are the hardest things in divorce.  This because the lender may not care what the divorce decree states. It was not a party to the divorce so it can pretty much still sue you. Your wife can bring whatever motion she likes.  If she cannot prove that she cannot afford the property, the court may be hesitant to change the  decree, Of course you can always consider moving in and taking custody of the child, take over the mortgage and have her quit claim title to you or refinance it in your name alone.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption