Divorce can be an emotionally taxing process, and property disputes often amplify the stress. One of the most common challenges divorced couples face is what to do with the marital home, especially when one party refuses to sell. In this article, we delve into this specific challenge: when “my ex refuses to sell the house after divorce” becomes your reality.
Why Selling the Marital Home is Crucial
For many couples, their home represents their most significant asset. Selling it can offer each party a fresh start, both emotionally and financially. Unfortunately, disagreements over the selling process or the selling price can lead to complications.
What Happens When There’s No Agreement on the Sale Price
If the disagreement persists, the courts may have to step in. This is far from ideal, as you’re essentially “leaving your destiny truly up to the courts on that aspect.” The court’s intervention can lead to the following:
Appointment of an Appraiser
They will hire an appraiser who’ll determine the property’s value. This appraisal could be higher or lower than what you expect. The outcome is unpredictable: “it can be a high appraisal; it could be a low appraisal.”
Mandatory Sale: Sell the House After Divorce
If the disagreements continue, the courts might order a sale. In some instances, this sale can end up as an auction. If the sale reaches “70 percent of that original appraised value,” the court might permit the sale. But this often means you might be “leaving a lot of money on the table.”
Is an Attorney Necessary?
While many may think involving attorneys could complicate matters, they can offer guidance and mediate disputes. However, If both parties can keep the communication lines open and amicable, it might be possible to avoid lawyers. The ideal situation would be both sides coming together to “come up with a good price that satisfies both of you and get it sold.” This approach not only saves money on attorney fees but also ensures a smoother transition for both parties.
Why It’s Crucial to Sell the House After Divorce
Many couples might think waiting until after the divorce to sell the house is a wise choice. However, this can be a strategic blunder.
Financial Drain
As time passes, you’ll continue incurring costs related to the house. This includes “making payments and an interest in insurance.” You’re essentially pouring money into a property you intend to sell.
Emotional Strain
The longer the house remains unsold, the longer both parties remain tethered to their shared past. Selling earlier allows both parties to move on faster.
Conclusion: Sell the House After Divorce
Divorce can be messy, and property disputes can amplify the strain. The key is communication. If both parties can set aside their differences and focus on a mutually beneficial outcome, it can make the process smoother.
However, if disputes persist, it’s crucial to know when to involve the courts or attorneys and when to opt for mediation. And always remember, time is of the essence. Delaying the sale can be both an emotional and financial drain.
If you find yourself in a challenging situation regarding property disputes after divorce, don’t hesitate to contact us. We’re here to help.
