Husband wont list house at Current Market Value - mid divorce

[gillbott]

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

 

[gillbott]

My thread didn't show up. Quitclaim Deed, mid divorce

I'll try this again. I'm in CA and I'm just going to repost this in the form of a reply.

My husband is refusing to list the house at it's current market value. He wants to list it for what we paid for it in 2000, when there is easily $75k equity. He moved out in July and I filed our papers in January. He has a diagnosed mental/personality disorder and I think that he is "using" this in order to exert the one power he has over me and his daughters. Not to say that anyone else with a diagnosis does this, but I really think he's manipulating me.

He's been out of work since February and he's staying at his parents more than 300 miles away. No one can convince him to just sell the house because "he just does what he wants."

I know that I can file a court order for him to agree to a reasonable sale price and agree to take the best offer. I don't expect him to do this, even if he ends up in contempt. Plus, how am I going to get all these papers to him to sign and back in time? It's unbelievable.

So...here's my question. Can I serve him with a Quitclaim Deed written up with an attorney? It could be served at his parent's house and be notarized. This would leave the business of selling the house entirely to me. I do not want to take all the equity, just what I am entitled to legally. I really need to get this started soon. I have the summer off, and I'd like our daughters, 16 and 13, to be settled before school starts again.

Again, can I serve my husband with a Quitclaim Deed to sell the house at it's current market value since he is refusing to??

Thanks. Hopefully this one posts.

 

[xylene]

You filled, what does your lawyer say?

If your husband is cray cray, you need a lawyer.

 

[gillbott]

Quitclaim

I do have a lawyer as of last week. I just want him out of the picture so I can do this and then when the equity is in hand, my lawyer, or his too if he gets one, can divvy it up.

I'm irritated because I think he's fine enough to want some money for his family. I don't want to go into see my lawyer demanding a Quitclaim, but I don't want this to drag on forever, especially since I only have five months of overhead left.

 

[justalayman]

Again, can I serve my husband with a Quitclaim Deed to sell the house at it's current market value since he is refusing to??

You do not serve anybody with at quit claim deed. A qc deed is an instrument to transfer a persons interest in property to another party. If he doesn't want to sign a deed, then he is not going to sign the deed




has anything been done regarding your divorce and the division of property?

 

[gillbott]

I know that I can't sell the house unless he agrees to a listing price. I think that there is some sort of court order to sell it at a reasonable price, and that he has to be cooperative, give his signature without argument. I'm doubt he will. It will be even harder if he's that far away.

Is there any way that I can just have a judge take him off the deed just while I get the house sold for as much as possible?

I haven't really talked to the lawyer much about it in detail, I only got him my financial papers and told him the basic information.

 

[ecmst12]

If you are selling the house, you are both going to have to sign off on the sale and the equity will be divided at settlement. It's not in his best interests or yours to list it below market, though it may not sell for as much as you list it for. But the only reason to get him off the deed is if you are refinancing in your name only and getting him off the loan and paying out his share of the equity.

 

[gillbott]

That's my point though. He won't sign for a price for more than what we bought it for in 2000. I want to sell it for what it's worth now and he won't even do that. When it's getting offers and going through negotiations and on and on, there is no way that he will be reasonable and just sigh without argument, especially if he's hundreds of miles away. It's a crazy market, there could easily be ten offers.

Is there any legal way that I can do the listing, the bidding, take offers, negotiations and etc without him and just have him do the final signatures?

I know I can't do it without him overall, but he is going to refuse to do it and potential buyers just might move on.

 

[Ohiogal]

That's my point though. He won't sign for a price for more than what we bought it for in 2000. I want to sell it for what it's worth now and he won't even do that. When it's getting offers and going through negotiations and on and on, there is no way that he will be reasonable and just sigh without argument, especially if he's hundreds of miles away. It's a crazy market, there could easily be ten offers.

Is there any legal way that I can do the listing, the bidding, take offers, negotiations and etc without him and just have him do the final signatures?

I know I can't do it without him overall, but he is going to refuse to do it and potential buyers just might move on.

Nope. Not legally. I note that you say he just wants what he wants and he wants things his way and he is trying to exert power over you by refusing. And yet, you just want what you want (regardless of his legal rights) and want things your way and you are trying to force your will on him. Bit of a hypocrite you are. If I were your husband I wouldn't sign a quit claim deed until the house was sold. I wouldn't relinquish any rights in the property until I was getting something out of it -- unless there were court orders saying otherwise.

Let me guess -- he also doesn't have visitation with the children and you would not allow him to take them to where he is staying. Is that true?

 

[LdiJ]

That's my point though. He won't sign for a price for more than what we bought it for in 2000. I want to sell it for what it's worth now and he won't even do that. When it's getting offers and going through negotiations and on and on, there is no way that he will be reasonable and just sigh without argument, especially if he's hundreds of miles away. It's a crazy market, there could easily be ten offers.

Is there any legal way that I can do the listing, the bidding, take offers, negotiations and etc without him and just have him do the final signatures?

I know I can't do it without him overall, but he is going to refuse to do it and potential buyers just might move on.

Have you had the house appraised? Maybe if you could provide him with an actual appraisal that shows what the house is truly worth he would be more reasonable about it?

 

[gillbott]

Well yes, I'm being a hypocrite. The appraisal says that there is, after closing costs, easily 100k equity. I make 1/3 what he does, and I've been paying for everything (everything - mortgage, bills, food, insurance) since February. He's been unemployed since then. Why should I just let that money go? And as far as visitation, during school going 300 miles away wouldn't work. He is at their grandparents house and I'd happily let them go down there, but I'm trying to have garage sales, pack up, paint and get everything ready and can't drive them. When he comes over to get his things, he just behaves as he did before the separation and actually just leaves with a quick goodbye knock on their bedroom doors. I know that we will, at least in this county, have to attend parenting classes -- but he has not indicated that he wants visitation and the girls haven't asked for it. I will not be keeping them away, but I think it will take a lot of counseling for everyone to even set it up.

Being called a hypocrite because I need to raise our children and need this money to do it is kind of wrong. He'll be unclear about why he has to sign an offer that might change after negotiations and require another signature. If he only wants to list for what would actually be a short sale (19k short), how will I get him to agree to sign for the highest bids?

Whether this his exertion of power or true neurosis (which again, he has diagnosed), why should the whole thing be based on his logic or lack of it? I was just wondering if thee is a way to make this easier. I guess that he'll try to get his parents (well off) to hire an attorney to represent him.

I know what I am trying to do is against the law -- I'm not trying to take more than I am due in a settlement. I am trying to get us both as much money as we are due.

 

[Bali Hai]

That's my point though. He won't sign for a price for more than what we bought it for in 2000. I want to sell it for what it's worth now and he won't even do that. When it's getting offers and going through negotiations and on and on, there is no way that he will be reasonable and just sigh without argument, especially if he's hundreds of miles away. It's a crazy market, there could easily be ten offers.

Is there any legal way that I can do the listing, the bidding, take offers, negotiations and etc without him and just have him do the final signatures?

I know I can't do it without him overall, but he is going to refuse to do it and potential buyers just might move on.

Get the property appraised by a neutral professional appraiser and not a real estate company. List and sell the property at its fair market value or buy out his interest. Just because you're in a hurry to dump the place is not reason to force him to settle for less.

I had a similiar situation in that my ex tried to force me to sell the property below its fair market value (why wouldn't she, she didn't have a nickel invested). I paid a professional appraiser. In the meantime she and her knitwit lawyer filed a show cause for contempt because I didn't sign off on the below market purchase offer.

I went to court with the professional appraisal and the below market value purchase offer that SHE signed. I told the judge that I would be willing to sell the property at its fair market value or buy out the ex's interest at the purchase offer price that SHE signed. You can guess the outcome.

Be careful.

 

[gillbott]

As an aside -- there might not be a "law" that an unemployed spouse has to agree to make available any money available. I understand. But the fact that I am trying to "break the law" is what is so frustrating. There is a law to protect his right to not get any money from the house while he is unemployed. There isn't one (at least without spending 5k to get there) that protects who is truly at risk -- our daughters, who rely on their mom to provide the best life possible. The best life I can provide on my own is relying on an inheritance that is running out quickly. I have a fabulous job with an earning ceiling that is based on my lack of a college degree.

I appreciate that I have had a forum to "spend an hour of my retainer" so I don't go in to see my lawyer requesting that we try to break the law. Hopefully, my husband will cooperate overall once a judge has him sign an order outlining that he doesn't have a choice. I will only have to risk that he will do it re all the signatures even if he doesn't agree and doesn't understand that in this market, the house is worth a lot more than it was even a year ago. Hopefully, he will accept the situation overall; he is getting divorced and will have to give up the last standing proof of his married life -- the home that we shared. Maybe I should "spend an extra hour of my therapist's time" -- I have the money to do it, at least for now.

Thanks everyone -- especially the advocates that supported his side. This has given me a calm and an understanding about the situation overall.

 

[ecmst12]

You have a lawyer. Talk to your lawyer.

 

[LdiJ]

Get the property appraised by a neutral professional appraiser and not a real estate company. List and sell the property at its fair market value or buy out his interest. Just because you're in a hurry to dump the place is not reason to force him to settle for less.

I had a similiar situation in that my ex tried to force me to sell the property below its fair market value (why wouldn't she, she didn't have a nickel invested). I paid a professional appraiser. In the meantime she and her knitwit lawyer filed a show cause for contempt because I didn't sign off on the below market purchase offer.

I went to court with the professional appraisal and the below market value purchase offer that SHE signed. I told the judge that I would be willing to sell the property at its fair market value or buy out the ex's interest at the purchase offer price that SHE signed. You can guess the outcome.

Be careful.

Bali,

I think you might have it backwards....she wants to sell it for current market value, which is apparently significantly higher than what they paid for the house in 2000. He is insisting on selling it for ONLY what they paid for it in 2000, which would result in a short sale. (not high enough to even cover the mortgage).