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Buying a home from a divorced couple

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lma

Junior Member
What is the name of your state (only U.S. law)? NJ

A friend of ours is in the process of a divorce which should be settled in a few months. The seperation agreement says that the house must be sold. Our friend does not live in the house, his ex does.

A few potential buyers went to see the house. One potential buyer was someone our friend knew but ex didn't. He told our friend that his ex told him that the plumbing is bad, needs new pipes, among other things. Our friend says these are all lies. In fact, the plumbing and all the pipes were updated 2 years ago.

Now, my husband and I would like to buy this house. We know the house is in mint condition. The ex doesn't know that we want to buy the house. Obviously she is trying to push any buyers away.

I know there's a court order to sell the house but is she in contempt? Is there any way she can stop us from buying the house? Should our friend take her back to court especially when she told the other friend that there were problems with the house (a lie)?

Can we just put in a contract and would she just have to settle for it even though she doesn't want it to sell?

Thank you.What is the name of your state (only U.S. law)?
 


HomeGuru

Senior Member
What is the name of your state (only U.S. law)? NJ

A friend of ours is in the process of a divorce which should be settled in a few months. The seperation agreement says that the house must be sold. Our friend does not live in the house, his ex does.

A few potential buyers went to see the house. One potential buyer was someone our friend knew but ex didn't. He told our friend that his ex told him that the plumbing is bad, needs new pipes, among other things. Our friend says these are all lies. In fact, the plumbing and all the pipes were updated 2 years ago.

Now, my husband and I would like to buy this house. We know the house is in mint condition. The ex doesn't know that we want to buy the house. Obviously she is trying to push any buyers away.

I know there's a court order to sell the house but is she in contempt? Is there any way she can stop us from buying the house? Should our friend take her back to court especially when she told the other friend that there were problems with the house (a lie)?

Can we just put in a contract and would she just have to settle for it even though she doesn't want it to sell?

Thank you.What is the name of your state (only U.S. law)?


**A: you can put in a contract but she does not have to accept if she does not agree to the terms and conditions etc. Both owners must agree.
 

swrdmbo

Member
She would not be in contempt unless she turned down a full price,no strings attached

(such as cash) offer, and with the exact terms as the listing states. This can cause obvious

problems.

If there is even one deviation from the listing she would be within her rights to refuse the

offer.

I hate these kind of sales as they are fraught with all kinds of complications.

Be prepared for a LOT of problems if you decide to proceed with this.When one person is being forced to sell things can get really ugly.

Is there an agreement between them as to what is an acceptable price and terms of

sale?

I hope so..if not he may want to see about getting one or he may never get the house
sold.

Good luck.
 

lma

Junior Member
I guess my husband and I will have to sit down and really think about this long and hard.

Thank you both for your time.:)
 

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