How to procede

[greatdad]

 Selling a property when one spouse won't agree to sales price and they are not on the mortgage, but you are in divorce process? How can this be handled?

[notnew]

Soc is not on the boards anymore. So, here is a an unprofessional opinion:

Is she on the deed? If her name is on the deed, she is a co-owner with you in all rights and respects, you just agreed to pay for the whole thing by putting your name on the mortgage alone.

Is the sale of the property part of a settlement agreement or ordered by the court?

Is the selling price at fair market value?

Are  you trying to buy her out or are you selling the house to a new owner?

I would say that if you are selling the house outright and she is failing to accept a fair marked offer. Go to your real estate assessment website database if you have one available, and search for sales of comparable homes in your area. Print out the facts on at least 3 homes and present her with the evidence. You may also be able to get this information from a realtor.

Otherwise, take it to court.

[MixedBag]

geez, and my answer would have been simpler:

Take it to court and get a really clear order from the judge.

Not what he wants to hear, I'm sure -- I believe he's been in court so much with her, he might as well move in.

When it's an EX who is not being reasonable, you have no choice.

[mistoffolees]

> Selling a property when one spouse won't agree to sales
>price and they are not on the mortgage, but you are in divorce
>process? How can this be handled?

Impossible to answer.

1. Where are you in the divorce process? Do you have anything signed by the judge?
2. Who is currently living in the house?
3. Who is on the deed?
4. When do you expect the divorce decree to be final?
5. Who determined the selling price and are there any special circumstances (like is the proposed buyer a friend of one party)?

With more information, people can be more helpful, but in general, it's going to be pretty hard to force a sale until you have a ruling from the judge. Until that time, all you can do is beg, plead, and argue to try to convince her that the offer is fair.

Even if you can convince her that a selling price is fair, you can't sell the property in some states while a divorce is pending. In OK, for example, you need the judge's approval to make any major transactions like that.

Bottom line is you need to talk to a local lawyer.