Can you see any major issues with this?

[simplemama32]

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[meemee]

i dont know the answer to that.

however since there is property involved, your question should be addressed by a lawyer.

if there is one thing that has been hammered into me even by my own xbil is get a lawyer. or have everything ready and have a lawyer look over your final papers.

this is protection of interests involved. talk to a lawyer.

however one thing i have noticed - even with my still verbally abusive, angry ex - is if i am reasonable he is too. so let stbx understand that you are doing things so that things are easier for him without making it too obvious.

[NolaRiordan]

No, I don't see a huge problem with this. We had some stock that wasn't sold until after the divorce. Once we sold it we just split the profits. I agree that it would be best to consult a lawyer since laws are different in different states. Are you both going to be living there until it sells? If so, that is a whole other kettle of fish. Anyway, you will need to be very clear about who pays for taxes, repairs, utilities, etc. until it sells. And once it sells how are the profits to be split? Will you sell it on a land contract or some other arrangement like that?

[lilyka]

Some issues that may arise:
1) will the two of you be able to agree enough to negotiate? Lets say someone low balls an offer and one of you wants to take it and just be rid of it and the other wants to holod out for a better price....

2) what if it doesn't sell? I got the family home but xh was still on the mortgage. I had 18 months to refinance. housing market fell banks clammed up. it has been two years and i have been unable to refinance and unable to sell even at a loss. EX cannot get a loan for his business or something and is threatening to decrease his child support which will make refinancing even harder for me. I am doing the best I can and there is nothing the courts can do (I am not even in contempt). but it is mess. i would have prefered this be settled before the divorce was final. i think that would have been a better plan for both of us.

[orangecanoe]

I would think it would be possible to spell out the terms of the sale in your agreement. I'm assuming you bought the property during your marriage and would split any equity? The property actually being sold after a divorce is finalized doesn't strike me as all that unusual. Dividing marital property is kind of a no-brainer for a lawyer.

[provocativa]

yeah, property gets sold after a divorce all the time. when my parents divorced the judge ordered our house sold and set the terms on how it was sold. I don't know if they had to take the first bid or what, but they got a lot less money for it than they could have.

I would think that if the mortgage is not a burden, you would do better selling it after the market has rebounded.