# How to handle divorce decree regarding selling the house.



## harrismk (Mar 17, 2016)

I am officially divorced and in our divorce decree we agreed to list our house by Aug 30th. Then I would move out by Sept 30th and H would stay until sold. Well I've been unemployed and have been actively interviewing for months, but I still don't have a job. I am collecting 1200 a month unemployment. When I signed the papers in July I was confident I was going to get this job, but it fell through. Now I'm freaking out because H wants to make me leave no matter what in 3 weeks. I have not other source of income and will get close to know child support (we have 2 kids). I assume bc I signed (dumb dumb decision) there is nothing I can do. He is not doing his part to get the house listed either and I've been busting my butt. I would love to stay here until is sells (to get my equity) or until I have a job so I have a way to pay rent. I have a lawyer but I'm not too pleased with her. I meantioned this to her several weeks ago and she said until I can prove fraud we don't have many choices. Just wanting some feedback or advice if anyone has had a similar experience. I felt bullied by my ex to sign and now regret it. This sucks


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## chillymorn69 (Jun 27, 2016)

If he broke the agreement and didn't list the house then just stay and when he lists it tell him you got 30 days.. 

Do you have it in wrighting that he was to list it by aug 30th? If you do then he broke the agrement and maybe it would be null in void?

Ask your lawyer about it.


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## EleGirl (Dec 3, 2011)

I would think that if he did not get it listed by Aug 30th, he is in contempt of court. He is basically holding your portion of the asset hostage.

If your attorney will not do something to force him to put the house on the market, then get a new attorney and have that attorney get their fee from him since he is in contempt of court.

You still being in the house is separate issue. He might be able to hold you in contempt. But it seems that you are being materially harmed by him not putting the house up for sale.

You are not materially harming him by not moving.


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## harrismk (Mar 17, 2016)

Yes it's in writing. He was supposed to get carpets replaced and window fixed months ago. My mom and I got them cleaned and have done a lot of packing and staging. He says he can't concentrate on selling it until I'm out. Believe me I want to leave I just have the added stress of no job, an offer could come through any day but until I start work I have nothing. I don't have a car either he got to keep the car - luckily I have a crappy one to borrow in the meantime.


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## harrismk (Mar 17, 2016)

I'll have to read the decree closer, but I belief is says both of us agree to put it up for sale. I'm not delaying it, I've met with realtor twice and have done stuff to get it ready. He says he can't concentrate on getting it sold until I move out.


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## chillymorn69 (Jun 27, 2016)

harrismk said:


> I'll have to read the decree closer, but I belief is says both of us agree to put it up for sale. I'm not delaying it, I've met with realtor twice and have done stuff to get it ready. He says he can't concentrate on getting it sold until I move out.


Is threating legal action if you don't move. Until you get a letter from his lawyer your probably good to stay. But i would have a plan to vacate when push comes to shove. 


Are you divorcing because of cheating on your part . If so then he might be vindictive and push hard to get you out.

Usually until you get a notice to leave or legal action will be taken theres not much that can happen.


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## harrismk (Mar 17, 2016)

chillymorn69 said:


> Is threating legal action if you don't move. Until you get a letter from his lawyer your probably good to stay. But i would have a plan to vacate when push comes to shove.
> 
> 
> Are you divorcing because of cheating on your part . If so then he might be vindictive and push hard to get you out.
> ...



No I didnt cheat. In fact he moved out for a year! And I let him but for financially reasons so we could sell the house. Just so happens I lost my job so its been diffucult...


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## Pluto2 (Aug 17, 2011)

The decree said list by Aug 30th and you move out by Sept. 30th, and now he wants to re-write the decree so that you must move out first. Not his call. You can ask for enforcement of the decree, but that will require you move out by Sept. 30th. You can also ask for modification of the decree to allow you to stay, but you will have to show the court that the circumstances since the time of the decree have changed.


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