Family Law (Divorce, Family Relations)/Divorce decree and a house to sell

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Question
QUESTION: My Mother-In-Law and Father-In-Law got divorced two years ago.  They created a divorce decree without the help of an attorney.  In that decree, the two of them agreed that my MIL(Mother in law) would pay for and attempt to sell a condo that they own.

Fast forward to today. The condo has received ZERO offers because it is priced too high for the market.  My MIL has done everything possible to sell the condo but with the amount of debt that they have on the unit, combined with negative market forces and a regime that has no reserves, they need a cash buyer to be willing to pay 20-30k MORE than the condo is worth to even sell it.

My MIL requested that the two of them short-sell the unit to get rid of it so that she can move on with her life.  In the meantime, he has remarried.

My question is can she petition the court to vacate that part of the decree where she is required to pay for the condo until it sells based on the new facts that it simply won't sell for the price that would be needed to cover the debts and real estate commission?

ANSWER: Bill,
DISCLAIMER:  I AM NOT AN ATTORNEY: I am someone with experience with Family law matters, and can give some directions of what I would do but these are my opinions: I strongly recommend that you get an ATTORNEY who specializes in family law in your immediate county/country.

Questions:

IN the agreement they made, was there a 'time period' specified with reference to 'sell the condo'. Was there a price agreed upon by both parties in the agreement?

If not and left open then MIL is still in compliance with the agreement: You could hire an Attorney and her hire an Attorney and fight back and forth the Attorneys making the money OR you could simple set down with MIL and work something out by amicable means.

In answer to your question, if this agreement is in writing without any specifications to price or timeline the answer would be No.  You could try but all the MIL would have to do is show the signed document.  Now of course if the document is not witnessed nor notarized then you might have a case. But again lawyers would win.

Why not just try to sit down with MIL and work something out?

Good Luck,
Jeff


---------- FOLLOW-UP ----------

QUESTION: Thank you for your answer.  MIL is in compliance but MIL is the one who wants to short sell the condo to move on with her life.  She is willing to work something out but FIL is not willing.

Basically MIL would like to be able to sell the condo and move on which may mean a short sale rather than a normal sale.

I don't think that they agreed on a time frame or price to sell the condo

Answer
Bill,
DISCLAIMER:  I AM NOT AN ATTORNEY: I am someone with experience with Family law matters, and can give some directions of what I would do but these are my opinions: I strongly recommend that you get an ATTORNEY who specializes in family law in your immediate county/country.

Normally if a "short sale' is in order that would mean that MIL is behind in Mortgage payments, and the back is foreclosing: This is bad for credit for both parties so it would be wise to sell as soon as possible.

As stated if no specific time or price in agreement the best thing to do especially if short sell aspect is to work things out.

Good Luck,
Jeff

Family Law (Divorce, Family Relations)

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Jeff Laatsch

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WA Law with respect to family court issues: order to show cause/notice of motions, establishing or modification of an order, custody, visitation, child support, parenting schedules, mediation, preparations and filings of all documents: International relocation experience: Create a win/win/win situation between Mom-Children-Dad...

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Self taught and experience with working with various Court Clerks.

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Masters Degree

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