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He had an affair and ended our relationship over 2 years ago. We shared the house for a year because neither of us could afford to move out. I finally was able to move out on my own. Even though my name is still on the house, I have been banished for the entire last year. Now that our divorce is finalized (finally!), he has been ordered to sell the house. He has done nothing to get it ready to sell and keeps telling me that I have to come clean it because it wasn't spotless when I moved out. I sincerely do not feel this is fair. He is refusing to pay to have it cleaned and refusing to participate in getting it ready. What should I do?

2007-05-24 04:15:31 · 22 answers · asked by ZuffieC 1 in Family & Relationships Marriage & Divorce

My name is still on the deed,and the mortgage. The divorce decree orders that the house be sold and the profits divided. However, he does not want to pay to have the house cleaned at all, not even out of the equity of the house.

2007-05-24 05:00:52 · update #1

22 answers

If you are going to share in the proceeds of the sale then I think that you should do everything possible to get the best price. Where I live houses are not selling as quickly and it is very competitive. A clean, well cared for house will sell better. If you will get nothing from the sale or you don't need the money then let it be his problem. Hopefully with the sale of the house you will be finally free of him and can move on and have the life you deserve. Good luck and god bless.

2007-05-24 04:27:37 · answer #1 · answered by nanabanana 2 · 0 0

Is your name on the DEED?

Also, did the court order him to refinance and take your name off the mortgage or to sell and distribute the funds per a property settlement?

I need more facts regarding the court's decision then I'll give you my opinion.

And how long ago was the divorce final?

Thank you for adding the details. now that we have the entire story here are your option:

1. The court order was issued in April. Therefore, less than two months have transpired since the order was issued. The court is not going to take kindly to having to review the situation so quickly. Therefore, this avenue will most likely not be advantageous to you.

2. A Partition Suit is costly and likely to take more than a year at minimum. While I would advise you speaking with a local Real Estate attorney regarding the possibility, I would not use this avenue as a first resort but rather hold it back as a bargaining tool.

3. Clean the house under the following conditions:

Draft an agreement to this effect (or have your attorney do so).
I (ex's name) agree and stipulat to the following:
Upon the completion of cleaning and other duties to prepare the home for sale as outlined in this agreement, performed by (your name) I will within 14 calendar days list the home for sale with a local real estate agent duely licensed in the state of (the state) and proceed with all due care and diligence to sell such property as prescribed by court order dated (date of the order).

Upon sale of the home I further agree to pay (your name) (dollar amount) for her services in helping to prepare the home for sale from the proceeds of sale that I alone realize once the sale is completed.

I also agree and stipulate that as a co-owner in the above-referenced property (your name) has the right to file suit for Partition to have the court sell the referenced property and that I may be taxed with all costs and legal fees pursuant to state statute should this option be exercised.

If he won't agree to the stipulations, you have two other options.

1. List the home for sale yourself, or;

2. File a motion to modify the order and ask the court to add a specific date the home must be listed for sale.

You need to have a little more time under your belt before the court will entertain sanctions against him for doing nothing. If he has not done a thing in six months, I would have your attorney write a "Come-to-Jesus" letter demanding he list the home or face judicial sanctions.

You might also let him know that if he does anything to diminish the value of the home, including showing it in disrepair, you can and will sue him civilly for dimunation of value due to his actions.

That's enough to chew on for awhile.

2007-05-24 04:20:32 · answer #2 · answered by hexeliebe 6 · 0 1

Yes this is a control issue, but who cares. You will get more money and sell faster if the house is clean. Most realtors tell you to have it professionally cleaned any way, so find a cleaning service pay them and then demand that 1/2 of the cost come out of his share of the sale. Judges rarely want to get involved in this, and going to court will cost more than having it cleaned. Take a picture after it is cleaned and if he messes it up again, then you are in better shape if you have to go to court.

2007-05-24 07:44:49 · answer #3 · answered by buffsblg 2 · 0 0

Well I agree it doesn't sound fair @ all but it also sounds like it's away for him to keep you under his command,control. It depends on you do you want it drug out or over with and him out of the picture nothing else to hold over you. If he was ordered to sell then either take him to court and write everything down if you talk to him. You may even bit the bullet and clean so he will sell but, from what you have said it will be something else after you clean. I'd say take is BUTT to court n take that control away from his controlling butt...
Best of Luck.. Hard place to be..
~Angel~

2007-05-24 04:24:00 · answer #4 · answered by ~Angel~ 3 · 0 0

If you don't want to deal with him hire a service and have it done so you can get the most out of it. If you don't have the extra money then suck it up and go clean it. Who cares what he thinks or wants do what will benefit you. I'd also make it a point to be there the meet the realtor and make he/she aware of the situation so you can be kept in the loop. ou do have a vested interest and should get something out of his betrayal!!!

2007-05-24 04:32:53 · answer #5 · answered by prettyfroggy 2 · 0 0

I would not help him in any way, shape, form or fashion. He has to sell the house. If he chooses not to clean it, then so be it. Whatever the proceeds are from selling the house, you will get whatever the court said you are to receive.

2007-05-24 04:27:33 · answer #6 · answered by QueenLori 5 · 0 0

If you are getting money out of this, then I would tell him to compromise and I would take care of somethings and he would do others. If he doesn't cooperate then get it ready save all the receipts( for cleaning and whatnot) and go to the judge and tell him that you want to get reimbursed. Also you can sue him in small claims .

2007-05-24 04:22:26 · answer #7 · answered by *AntA mAriA* 3 · 0 0

Depends on if you have a vested interest in it. Do you split the equity? If so, unfair as it might be, you may want to clean it just to get the best price. If not, then no he's on his own.

2007-05-24 04:21:54 · answer #8 · answered by linda m 3 · 1 0

I know it is tough--but either clean it or pay for it to be done. The sooner it is sold the sooner you get your money and can move on with your life.

If you have nothing invested and your name is off of it and you have your money--tell him to get the skank he cheated with to clean it.

Good luck, he sounds controling.

2007-05-24 04:43:26 · answer #9 · answered by Irish Ellen 2 · 0 0

i could ask your buddy - how have been issues before he misplaced his job? became he coping with funds nicely? Did he make valuable each and all of the charges have been paid? Did he make contributions to the kin chores? Did he use his time productively? If the only reason they have been getting with the help of became by way of fact he got here approximately to have a job and a paycheck, yet there became no actual attempt positioned into long-term making plans for the destiny of their kinfolk - they have the two made their mattress with reference to their financial undertaking. it extremely is unreasonable to assume him to alter his apathetic and careless outlook promptly; it could take years for him to examine to be to blame and proactive. His melancholy is exacerbating the placement, yet i'm keen to wager his accepted outlook and character did no longer replace severely while in comparison with the time before he misplaced his job; issues have in basic terms been made lots worse with the help of the job loss. to easily make him "flow away the valuables" devoid of taking any steps to submitting for criminal separation is stupid, IMO. So he leaves, then what? He can run up mastercard debt it is uncontrolled, and she or he'll get caught with paying it off. She needs to the two save him close and computer screen his financial activities, or kick him out and document for criminal separation / divorce, so from that factor on she would be able to no longer be held to blame for the charges he's going to incur.

2016-10-05 23:19:46 · answer #10 · answered by ? 4 · 0 0

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