Q: The decree states that our house be sold, but it won't sell...
The house has been on the market for 2 years and has not sold. I moved out of the house after the divorce, but still continue to pay the mortgage as my wife continue to live there and has not paid any bills. The order does not state what to do if the house is unsellable. The monthly payments and bills I have paid has exceeded the amount I was to give my ex-wife if the house sells... can the order be considered satisfied if I discontinue paying the mortgage and the house forecloses?
The Order:
“Point One: The parties own real estate as tenants by the entireties situate… in Montgomery County, Pennsylvania. Said real estate shall be listed for sale forthwith, at a reasonable listing price to be determined by the parties and shall remain listed for sale until sold. The net proceeds from said sale shall be distributed equally between the parties and, in addition thereto, Husband shall pay to the Wife the sum of $37,000.00 from his share of the net proceeds.”
A: If the house is not able to be sold, it really depends on the reason as to what remedy you will want to seek. In either situation you will need to petition the court for post-trial relief. It may be that the house has to be sold for less and you may want to get an opinion of a realtor if you go to trial.
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