Q: Can my friend force his ex to sell their house if it is in the divorce decree that neither party can force a sell?
My boyfriend has been divorced for over two years. In his divorce decree with his ex-wife it states neither party can force the sell of their house unless the value increases by 20%...which in today's market is not going to happen for many many years. The ex-wife cannot afford to take over the mortgage on her own (no refinance option). Does my boyfriend have any legal course of action that he can take to "over turn" the divorce decree and make his ex sell or attempt to refinance? This has been going on for over two years and his ex shows no sign of being willing to sell the house.
A: Virginia is a "four corners" state, meaning that, if you are competent and sign a contract, you have committed yourself and courts are not very motivated to overturn or alter that contract. So, your boyfriend might just have to wait out the market--it sounds like that provision in the Decree was placed there to protect both parties. That said, if there are special circumstances that make an argument to amend the Decree worth the chance, make the argument. Judges have a lot of discretion in these matters. He might get it done if he can convince a court that it is an injustice to continue the terms of the Decree. Please consult a family lawyer in your area who knows the courts and judges well. He or she will likely be able to give you more specific advice for your area.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
