Separation agreement

[Yzf600r]

Jurisdiction

Maryland

My wife and I have signed a separation agreement. The only issue we have ever had is the selling of the marital home. The agreement states that we must agree to the listing agent who sells the home and that and profits be split equally after the debt of the home is paid off and the fees to sell the home are made. However, there is nothing stating who gets to choose the listing price. The Deed is in both names, however, the mortgage is in my sole name. Additionally, the agreement states that each individual is responsible for their own debt. I am agreeing that because I hold the debt and mortgage that I should get to choose the listing price. I do not care to drag this out I just want to sell it. However my soon to be ex wants to make as much money as possible off the sale. If the home stays on the market I will have to pay month to month till it sells. How can this be settled or who gets to pick the listing price if there is no agreement?
Agreement attached for review.

 

[Yzf600r]

Should say I'm arguing not agreeing that because I hold the debt and mortgage that I should get to choose the listing price.

 

[adjusterjack]

Either rewrite the agreement or write an addendum where you both agree that the listing price will be either the price based on the opinion of the listing agent who is a lot smarter than the two of you in pricing houses or you agree to split the cost of a professional appraiser and list it for the price that he comes up with.

Keeping in mind that the actual selling price might not be the listing price due to market factors and/or a lender's appraisal if the buyer gets a mortgage.

If the house languishes on the market (as many are doing these days) you may end up having to drop the price anyway.

And explain to your wife that if the two of you don't agree on getting the house sold, the court will take over, appoint a special master, and auction the house off to the highest bidder. The average home buyer won't have anything to do with it so it will go to investors at a much lower price than either of you can contemplate.

 

[Yzf600r]

Either rewrite the agreement or write an addendum where you both agree that the listing price will be either the price based on the opinion of the listing agent who is a lot smarter than the two of you in pricing houses or you agree to split the cost of a professional appraiser and list it for the price that he comes up with.

Keeping in mind that the actual selling price might not be the listing price due to market factors and/or a lender's appraisal if the buyer gets a mortgage.

If the house languishes on the market (as many are doing these days) you may end up having to drop the price anyway.

And explain to your wife that if the two of you don't agree on getting the house sold, the court will take over, appoint a special master, and auction the house off to the highest bidder. The average home buyer won't have anything to do with it so it will go to investors at a much lower price than either of you can contemplate.

Thank you for your response. Please note that my wife is a real estate agent. The price that the house is listed for is based on her professional opinion. I myself just want the house sold and gone. I am willing to sell the house for the amount that is owed on the mortgage. She is only greedy and wants money. She will not agree to lowering the price to where I can practically give it away. I am not in it for making money. I just do not wish to pay the mortgage anymore all on my own. I would like to have an addendum put in or the agreement rewritten however, I am getting a lot of pushback by her lawyer as to , it being unreasonable for me to ask to set the price. I am unsure of how to get the agreement re-written or have an addendum placed in if they are not willing to do so.

 

[Zigner]

Thank you for your response. Please note that my wife is a real estate agent. The price that the house is listed for is based on her professional opinion. I myself just want the house sold and gone. I am willing to sell the house for the amount that is owed on the mortgage. She is only greedy and wants money. She will not agree to lowering the price to where I can practically give it away. I am not in it for making money. I just do not wish to pay the mortgage anymore all on my own. I would like to have an addendum put in or the agreement rewritten however, I am getting a lot of pushback by her lawyer as to , it being unreasonable for me to ask to set the price. I am unsure of how to get the agreement re-written or have an addendum placed in if they are not willing to do so.

I do not agree with you in the slightest. It is entirely unreasonable for you to attempt to cheat your spouse out of what she is entitled to. You clearly acknowledge that the house is worth more.

 

[adjusterjack]

Please note that my wife is a real estate agent. The price that the house is listed for is based on her professional opinion.

Then let it go. It's in her best interest to set the right price and not over price it. She knows that it won't sell if it's overpriced and she won't get any money until it's sold.

I myself just want the house sold and gone. I am willing to sell the house for the amount that is owed on the mortgage. She is only greedy and wants money.

Seems like you're the one being a shite and trying to cheat her out of her share of the equity.

I just do not wish to pay the mortgage anymore all on my own.

Then stop making the payments. It'll take two or three months to foreclose. By then it will be sold and the arrears paid at closing.

am getting a lot of pushback by her lawyer

No surprise there.

it being unreasonable for me to ask to set the price. I am unsure of how to get the agreement re-written or have an addendum placed in if they are not willing to do so.

Let it go. You're not going to win this.

 

[army judge]

Human beings might be lonelier alone, but life is less complicated, and a damn site more peaceful and calm.

Serenity now

...

 

[Yzf600r]

My wife and I have signed a separation agreement. The only issue we have ever had is the selling of the marital home. The agreement states that we must agree to the listing agent who sells the home and that and profits be split equally after the debt of the home is paid off and the fees to sell the home are made. However, there is nothing stating who gets to choose the listing price. The Deed is in both names, however, the mortgage is in my sole name. Additionally, the agreement states that each individual is responsible for their own debt. I am agreeing that because I hold the debt and mortgage that I should get to choose the listing price. I do not care to drag this out I just want to sell it. However my soon to be ex wants to make as much money as possible off the sale. If the home stays on the market I will have to pay month to month till it sells. How can this be settled or who gets to pick the listing price if there is no agreement?
Agreement attached for review.

Thank you to the individuals who gave helpful feedback. Just so everyone knows, there is much more to this case than this question about the house. I urge people to use this platform to help as best as possible, someone who is just looking for legal assistance, not personal opinions. Unhelpful comments or personal opinions aren't why questions are asked here. This issue has been resolved to my benefit now, thanks to positive, helpful feedback.