Selling home, divorce,

[Sw3tflower]

Calif
I am in the process of getting a divorce. I moved out of our home (of 30 years) and my husband lives in it. The court ordered it be placed for sell. My husband is not being cooperative and I have been told to move ahead.
First, I live in another city. Does my husband have to agree with my choice of agent?
Second, the court ordered him to pay the mortgage until it is sold. He is almost 3 months behind. Can I still sell the house? What happens if it goes into foreclosure befoe I get it on the market?
Also, my husband and grown daughter (who does not live there) allowed her boyfriend to move his stuff in last year without my permission. In fact I told him point blank NOT to move anything into our house. He did anyway. I have told him several times in the last 8 months to come get his stuff or I would give it to Goodwill. My husband is, again, not being cooperative. The guy does not live there, but has furniture, tools, clothing, personal items, bedding (mostly garbage) etc in the garage, yard and spareroom. He does not pay a storage fee.
How do I get his junk out legally? All I have is his phone number. I want the stuff out before I list the house. He destroyed some of my property, stole some of my personal stuff, opened my mail, used drugs in my home. I called 911 on him twice to get him out. Obviously I do not want him in my house without me there if he comes to pick up his stuff, but I live in a different city about 2 hours away. Do I call him? Do I enlist the help of police?
If there is anything else I need to know about legal problems that might arise
I would appreciate any advice you have.

 

[FlyingRon]

First, I live in another city. Does my husband have to agree with my choice of agent?

Probably not, but the agent may decline to represent you unless you both sign their contract.

Can I still sell the house?

Yes, but the discrepancy will have to be resolved, either from the sale proceeds or you will have to repay the lender in cash.

What happens if it goes into foreclosure befoe I get it on the market?

If it gets foreclosed before the buyer closes on it, you're defaulting on the contract. The lis pendens filed may cause an immediate retreat of any potential buyers.

All the other questions are issues for the divorce (not real estate) lawyer/courts.

 

[nextwife]

If you pay the mortgage, it won't get foreclosed.

YOU left the home and area BEFORE disposing of the real estate. You are equally liable for the mortgage as far as your lender is concerned, so you may want to make sure the payments are made. The lender will not find: "I decided to move away and break up with the co-borrower" a sufficient reason to not hold BOTH borrowers equally responsible for any deficiency if they foreclose.

 

[HomeGuru]

Correct, lenders go by the mortgage documents and not by a divorce.

 

[Sw3tflower]

take action

OK, sounds like I better get off my rear, stop being polite (to my husband), and start getting the ball rolling!

 

[HomeGuru]

OK, sounds like I better get off my rear, stop being polite (to my husband), and start getting the ball rolling!

**A: yes that's it. Get off your rear so you can kick his.