General Question

rojo's avatar

What can you do about an ex who is dragging his feet in settling up?

Asked by rojo (21960points) November 3rd, 2012

I received this via my fb page and am soliciting advice here before responding.

“I am a single parent to four children. I moved out of our family home due to domestic violence 12 months ago. I have been renting a house and the children reside with me for 85% of the time. The issue I am having at the moment is my Ex is taking his sweet time to decide if he is going to sell the house or keep it and pay me out. I am getting sick and tired of this game and want to be payed out or the house on the market ASAP. How do I go about this? Do I have to see a solicitor? I really can’t afford to pay one at the moment. Can I send him an official letter demanding that it is put on the market within a certain time? Thank you :-)”

What do you guys think?

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7 Answers

Coloma's avatar

He/she needs to retain an attorney/solicitor and file for divorce asap. The home will then become officially listed as community property along with all other assets, and an order of division of assets will ensue. The ex has the option of buying out the other spouses half on their own and keeping the home, or, selling and splitting, 50/50, the sale price.
This person needs to take charge and get out from under the control of the ex and secure their fair share and move on ASAP.

Response moderated (Unhelpful)
gailcalled's avatar

Her use of the word “solicitor” suggests that she is not living in the US. Ask whether she can get “pro bono” legal services, as is available in the states. She has no leverage without the law behind her, if there is no longer any good will between her and her ex. It he is an ex, that implies that they are divorced and thus have an agreement they signed regarding financial issues, such as child support and maintenance.

Lots of unknowns in your friend’s query. The anguish is clearly genuine, however.

Here is a legal aid society in my neck of the woods.
it provides some help for low income families.

marinelife's avatar

Need an attorney to force the sale.

trailsillustrated's avatar

Well, this happened to me. You need to beg, borrow, or steal $3500 for a retainer. Then, they’ll freeze the marital assets. If you happen to be in the uk or australia, this will be easier than if your’e in the states. ( go straight to centrelink ). Good luck. It all comes oot in the wash.

Shippy's avatar

Like everyone above said, seek legal advice, knowledge is power. Also find out which regime you are married in, ANC, or community of property etc., With COP he cannot without the decision but will be ordered to sell.

rojo's avatar

Thanks to all who responded. Having never had to face something like this I was completely in the dark.

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