Still living in house

My ex husband and I separated September 2016 we have a home and land together that has been in my family for over 60 years the mortgage is in his name only but the deed is in both of our names. Our divorce was Final in January and it stated that he had until February or March to have the house listed with a realtor if he did not sell it privately. He bullied me into moving out with intentions that he said he already had it sold Etc. He is still living in the house and it is almost July 2017 I've listed it with Realtors tried to at least and he keeps giving them the runaround our divorce states that we are to sell the home and any profit made we are just split that. I am really needing my part of the house especially seeing that I took such a big loss being that it's been in my family for all those years what can I do? He had a lawyer through a divorce I did not because I could not afford one

you seem to have a bad track record for people you decide to trust (see other posting). You allowed him to put a mortgage on something already paid for? why or was it already mortgaged to someone else? Did you benefit off of that loan? where did that money go?

You should not have moved out of the home...and yes it is past time to "afford" a lawyer.

If your husband is ignoring the divorce decree you really need to at least sit down with an attorney and discuss this. I'm guessing that at this point you are in over your head.

If you had an attorney during the divorce this may have been avoided. I understand the financial problems involved, but you really need to at least consult with an attorney.

60 years in the family..... should of been paid off way before your divorce. did you build a house on the property? Take him back to court...

If he's not cooperating with the sale, petition the court to have him put out and award you possession for the purpose of sale.

Farrahsfotos said:

My ex husband and I separated September 2016 we have a home and land together that has been in my family for over 60 years the mortgage is in his name only but the deed is in both of our names. Our divorce was Final in January and it stated that he had until February or March to have the house listed with a realtor if he did not sell it privately. He bullied me into moving out with intentions that he said he already had it sold Etc. He is still living in the house and it is almost July 2017 I've listed it with Realtors tried to at least and he keeps giving them the runaround our divorce states that we are to sell the home and any profit made we are just split that. I am really needing my part of the house especially seeing that I took such a big loss being that it's been in my family for all those years what can I do? He had a lawyer through a divorce I did not because I could not afford one

Click to expand...

You can't get help you require posting on the internet, or talking about your issues.

You need a lawyer.

You also need to talk to a psychologist to learn how to say NO.

Good luck.

Farrahsfotos said:

what can I do?

Click to expand...

I'm sure you can do any number of things. If your ex isn't complying with the terms of your divorce decree, then you can seek to have him held in contempt of court.

Ok let me explain a little differently. My grandfather owned the land who also built the house in question. When he passed away about two years ago my aunt inherited the house. We were already living in the house taking care of it when he passed. And his will he stated that my aunt inherited that house. She already has a house a brand new house next door so she didn't need another one so she sold it to my X husband and I. So when my aunt inherited the house we went to the bank and we took a loan to buy the house ayax hasbun and for me that I didn't need to go on the mortgage because I was self-employed and it would hurt us. He did however have my name put on the deed. So the question is now that we got that cleared up. Is how is it fair that he is still living in that house and he's not in any rush to sell it or make improvements on it to have it ready to sell I have offered to bring help materials everything to hurry and get this house sold all of this is to no avail

Farrahsfotos said:

Is how is it fair that he is still living in that house and he's not in any rush to sell it or make improvements on it to have it ready to sell I have offered to bring help materials everything to hurry and get this house sold all of this is to no avail

Click to expand...

It isn't fair.
It is legal.
You shouldn't have moved out.
You had every right to remain in the home.
Had you done so, it would be much easier to acquire your remedy.
He and you are equal in ownership, insofar as the law.
You and he have a contractual matter related to your divorce.
The law doesn't care if he breaches the divorce decree, or if you breach the divorce decree.
Legally, it isn't contractual, but I'm trying to make a point and be clear.
He might never sell the house.
Heck, he can simply live there UNTIL you take the PROPER action.

What is that action?

You must return to the court which issued your divorce decree.
You must petition that court to force the sale of your home.
The precise legal term is partition.

Now, that is a remedy.
The remedy of partitioning the home ,means the court will cause it to be sold at auction.
The court will appoint a lawyer to oversee the sale, who'll get a cut of the proceeds.
The lender will receive the a larger cut.
The court will likely get a cut for its involvement .
Whatever is left is divided by two, and you each will receive your leftovers.

If you and he can agree to sell the home, all you need worry about is paying off the lienholder.
Heck, if you want a bigger cut, sell it by owner, alleviating the need to give a cut to a real estate salesperson.

Those are your choices, make nice, make more money.

Leave it as is, nothing gets sold, because UNTIL you take the matter back to the court, he doesn't need to do a darn thing but pay the mortgage.

Farrahsfotos said:

we went to the bank and we took a loan to buy the house ayax hasbun

Click to expand...

Ummm....huh?

Farrahsfotos said:

how is it fair that he is still living in that house. . . .

Click to expand...

"Fair" is a place where you go to ride rides and eat greasy food. It has nothing to do with anything. As I wrote previously, if your ex isn't complying with the terms of your divorce decree (as appears to be the case), then you can seek to have him held in contempt of court.

army judge said:

You must return to the court which issued your divorce decree.
You must petition that court to force the sale of your home.
The precise legal term is partition.

Click to expand...

I don't see this as a partition issue (although maybe it's just semantics). The court apparently has already ordered that the house is to be sold. The issue seem simply to be that the ex-husband isn't complying with the order.

zddoodah said:

I don't see this as a partition issue (although maybe it's just semantics). The court apparently has already ordered that the house is to be sold. The issue seem simply to be that the ex-husband isn't complying with the order.

Click to expand...

A contempt sanction against her former spouse won't get the house sold, either.

The guy could sit there for a decade unless the other party took action.
Sanctions are useless, yet many attorneys seek that remedy.
I was taught to be specific with the remedy you were seeking.

How do you think seeking a sanction against a recalcitrant former spouse would get the home sold?

I have seen recalcitrant, former spouses ignore the sanction, because the person knows other chances will be granted.

Yet, he/she ignored the second chance.
The person chose jail, rather than do as instructed.
Going to jail doesn't yet bring forth the remedy sought, having the home sold, proceeds distributed.
That is the problem with at least 25% of divorce decrees, insofar as real estate is concerned.

This is real property, as an attorney I would petition the court to appoint a receiver to take "custody" of the home, sell the home, and distribute the proceeds to each party.