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can i delay the sale of our house until a settlement agreement has been made in our divorce?
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can i delay the sale of our house until a settlement agreement has been made in our divorce?

You can proceed with the sale quite safely, unless you have nowhere else to go of course. Unless the lawyer acting has instructions from both joint owners about what is to happen to the proceeds they will be "frozen" pending agreement or order of a court.

You need proper legal advice here not just ordinary people's opinions.

hold up here. why is the house being sold before youve had ancillary relief??? the house should be the main part of it! so if your ex is trying to liquidate, STOP him now. apply to the courts to delay the sale, or force it but ensure that you get what percentage you need (and NEED is the key factor here). what you get will depend on how long the marriage was, how many kids, who has custody, and what other assests of his you are going for, or turning down. (eg his pension). if you are joint owner of the home, then fear not. he cannot sell the house without your signature. so simply, dont sign. if you are not joint owner, then again, make an emergency application to the courts (i would go for forced sale, but again ensure that you get the percentage you need). best x

yep - or you could be very very happy your house is selling -t here are so many people in divorce with negative equity - if you can sell, don't be greedy - sell

Gary B
In many states you CANNOT sell the house until AFTER the agreement is reached. This prevents "fraud". For example, it may be illegal to sell a house for less than market value (like, for $1) when a divorce is pending, depending on the state you live in. The exception MIGHT be that IF the house was already listed for sale BEFORE the divorce was filed, AND the house is sold at or above the fair market value. Also be aware that most mortgage companies DO NOT honor divorce agreements! In the case of a divorce, the mortgage becomes "due in full", and the mortgage company has the deciding vote on HOW the sale is handled. USUALLY, this means sell the house, pay the mortgage, and divide the results 50/50. But in this economy, many houses are in "short sale" -- being sold for LESS than the mortgage value! This means that when the house is sold there will STILL be several thousand dollar due on the mortgage -- a DEBT that you BOTH have to split. You REALLY need a lawyer for this one! DO NOT attempt this without a lawyer. In this situation in this economy, you are very likely to get really screwed (like, unto bankruptcy) if this is not handled exactly right. GO HIrE A LAWYER!!!

Robert B
If the house has already sold you probably cannot stop or slow that process (nor should you in today's market). You should be able to get the judge to rule that the proceeds from the sale go into a trust to be paid out based on the eventual divorce decree.

You can - but be aware that buyers are fairly thin on the ground at the moment - don't risk losing them. I would suggest letting it go through, getting interim payments made at that time to both parties if the settlement isn't agreed, and allow your solicitor to hold the deposit.

If you have a good attorney then I see no problem whatsoever.

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