Home     Links     Contact Us     Bookmark  
 
   Homepage      News      Legal Forum      Dictionary  
Home : Legal Forum : Marriage & Divorce

can i delay the sale of our house until a settlement agreement has been made in our divorce?
Find answers to your legal question.





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








SHIRL
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.


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


bored_and_fat
Rating
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


Suze
Rating
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
Rating
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
Rating
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.


Sal*UK
Rating
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.


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







Legal Discussion Forum

 Have you ever called your partner by someone else's name?
during intimacy?...


 Fear of getting attached to people since i know i will lose them. Depressed. Hurting my family..pls help!!?
I have this fear of getting attached to people and losing them suddenly. Its a bit like Peyton in One Tree Hill who sayd 'people always leave'. This fear of mine makes me go into depression,...


 Heartbroken and all that jazz?
Going through a divorce that I don't want. I'm twenty-nine and this is not what I imagined for me. Feel like I have nothing and he got everything. We never had children so I am feeling ...


 What would you do if you felt you were developing feelings for a contact?
Hypothetically of course. Thanks Eric lol Yes Eric I am inclined to agree with you re the "friendship feelings", but shared intimacy (which is what it is) can lead I believe to feeling that ...


 Is it possible to forget a deep hurt from the one you love?
...


 i need help with the man am with?
there is this guy i have been seeing he is a little old than me and i just found out that his ex is pregnant and they have been spending more time together and the just went on a weeking away ...


 What would you do if you found your husband was hiding cyanide pills?
I found some in my husband's jacket pocket and I don't know if I should be worried? He is addicted to amphetamine, is this supposed to help with that? (PS: Whoever is report-trolling me ...


 I think my husband is cheating on me, should I return the favour?
I know he is cheating on me. He has actresses over for dinner all the time and makes me stay upstairs. Today I was propositioned by one of his employees, should I go for it?...


 my ex is confusing me- please help?
I apoligise as this is all over the place. But please help. me and my ex were going out for 15 months, and two months ago he dumped me, and immediately got with another girl. I ignored him for ...


 can my wife apply for adopting my 2 sons, my sons birth mother hasn't seen them for 5 years?
i wasn't married to my sons birth mother, i also have full residence order over them....


 how do i stop thinking about someone im still in love with?
me and my husband have spilt up i just want to stop wondering what hes doing and who hes with as hes told me theres no chance for us to get back together because i phoned the police on him when we ...


 can half siblings get married?
i am in love with my half brother we have different mums but same dads...... and we are wondering if we can get married as we both have the same surname ?????...


 Odds on this lasting please?
Met less than a year ago. Due to be married in a couple of weeks 11 months after relationship started. He shows many characteristics of a narcissistic personality and she has been diagnosed as ...


 i got married in mauritius. never registered it in the UK.can i get divorce in Mauritius.?
my husband is british, and i hold both british and mauritius nationality?...


 i feel mentally abused?
please help! i have been married for 5 yrs and our marraige has had its ups n downs a lot but we always managed to pull through, but this time i really cant take anymore. he dont communicate with me, ...


 Have you ever had `the one` and lost them and your bf/gf you have to date?
can never or will never match up to the love you felt for them......but do still love ...


 Ramadan: How long do you wait after divorce to get remarried?
you joking momin....


 Would my ex get custody of our daughter?
My baby is 3 and me and her dad haven't been together since she was conceived, for the first 2 years of her life he didn't want to know (although he claims that i didn't let him see ...


 what to do when you family just love your education but not you as they changed their behaviuor every year you?
I have be insult by them but I notice a change behaviour each year I come ...


 Will the CSA tell my ex my new address when I leave for Italy?
After my ex finished our relationship to see someone else, my family have received constant threats from her, her brother, and her friends over the last 2 years, I have decided to move to Italy with ...




Copyright (c) 2009-2013 Wiki Law 3k Friday, October 24, 2014 - Trusted legal information for you.
Archive: Forum  |  Forum  |  Forum  |  Links
0.034