What to do if my ex-spouse wants to sell our house in a bad market?
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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 12 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.
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