House settlements

iVillage Member
Registered: 08-11-2008
House settlements
5
Tue, 09-06-2011 - 2:56pm

This is actually a question for Music but some others may have ideas as well.

My EX and I are still discussing to put it nicely the sale of our joint home.

Emom13

iVillage Member
Registered: 11-28-1999
Tue, 09-06-2011 - 3:06pm

Hi, I thought you had settled the case of the US property already.

Community Leader
Registered: 01-03-2004
Tue, 09-06-2011 - 9:40pm

Hi,

First, some real estate mortgage lessons:

1)If you sell the house, even to your STBX, the initial mortgage holder who has 1st Lein on the property will have to be paid off. The new mortgage holder will assume first lein on the property, i.e. the buyer will owe money to the lender under the mortgage agreement. (Or, if the buyer pays cash for the house and there is no lein on the property, it's free and clear with the initial mortgage holder paid off.)

2)The ONLY price you're going to get is the fair market value or the amount needed to pay the initial mortgage and, if possible, the real estate commission. Insisting on a higher price for "playing around" is going to get you nowhere, except stuck with a house with your name on the mortgage along with his, and possibly stuck paying the mortgage if your STBX stops paying his share.

iVillage Member
Registered: 08-11-2008
Wed, 09-07-2011 - 4:36am
This is not revenge related. I am looking out what is best for me. MY EX will gladly drag this out forever and insist on charging me interest because it is not finished. What I am trying to do is put some fairness back into the game.
Our divorce decree for custody was given in Spain so CS will be paid until he is 24 or able to support himself. US laws do not apply for the custody issues. That being said I know that I will end up fighting for this when the time comes.
As for the property division that was settled in the US because our property and assets were in the US. In our divorce nothing could be settled because of my EX.'s uncompromising ways. We actually went to trial for one full day to lay out our defenses. As for the assets these are actually still not settled as his accounting states that I owe him money and yet he is the one that has the new house new car and the use of our mutual home full time. The judge stated the the our mutual home was to be sold and I waited 4 months before contacting a realtor by phone to get the process moving. In the judgment my EX got full use of the home while he has to pay the mortgage payment. I do not have access to my home unless my EX gives it to me or he can call the police and would be more than willing to. As I stated before he put an asking price that is 2x over the fair market value knowing no one would want to buy if for that price. Every time our Realtor has asked to lower the price he has hemmed and hawed and refused the last time. Then came the offer from his girlfriend which was way under fair market value. When I have asked for updated photos to see what needs to be done on the house I get no response even though one of the reasons it is not selling is because of the work that needs to done on it.
My EX and I do not communicate at all. The few times a year that we have to communicate about dates in which my DS will go back to the US always results in 4or 5 emails by him that have something to contest or complain. One example is that my DS wants to fly solo no program for minors this time and I sent an email explaining that to my EX but I had some conditions. One the flights had to have a layover of at least 4 hours so that he could get through customs without problems and also if he missed a flight my EX would be responsible for any additional costs. (His flights are paid for each time by my EX as stated in the Spanish decree.) I have now had at least 5 e-mails all stating the same thing and very longs ones. I am being reasonable and the vindictive one is my EX.
Sorry for this being a long response but I felt it was necessary to give some background.

Emom13

iVillage Member
Registered: 11-28-1999
Wed, 09-07-2011 - 11:12am

I assume you have a US lawyer--you might have to go back to court to force him to list the house for a reasonable price.

Community Leader
Registered: 08-25-2006
Tue, 09-13-2011 - 6:19pm

Hi E!

Serenity