Having to put house for sale before court order is signed


#1

Can you tell me if this is a normal circumstance and if a judge can do this. I was ordered to put my house on the market. The court order has not been signed regarding the sale of the house, which includes the distributive award. I thought you must have a court signed order for it to be “official”. If I have to do this and sell my home, I will not be able to get a loan for a home until the order is signed to show what I was awarded and can prove my income/assets/financial status. This has been dragging on for a full year since my trial date and the order is still not signed. If there is an appeal, then the house was made to be sold and everything else stays as is. This hardly seems fair to me. I am being put into a terrible financial position. The judge stated that if it is not up for sale, he will hold me in contempt and put me into jail. My ex, on the otherhand was ordered to pay a settlement lump sum and refused to do so. The judge then gave him 45 day AFTER the order is signed to do so. This seen extremely unfair and bias to me. Please advise.


#2

Until the court order is entered, it is not enforceable. Your post does not make it clear why you have to sell your house before the entry of the order, but if you are concerned about the entry, you should see if you can calendar the order for entry so that it will be signed and so that you can move forward with the sale of the house.


#3

My understanding to the reasoning is because I stated I did not want the house, which leads to another question. I was forced to make a decision regarding if I wanted the house or not before I knew what I was awarded financially. It is impossible to make this decision without knowing numbers. Once I found out what I was awarded, I discovered I could stay in the house instead of selling. My atty asked that I be allowed to buy the house. The judge said no. Then he said my ex and I could work it out. Of course, my ex is unwilling to let me have the house (mind you I was awarded close to the amount the house is worth). With this, the judge said the house is to go up for sale immediately. He ordered the house to be sold a year ago (at trial) and I am still waiting for my order to be signed. My atty is frustrated with the judge and said to just put it up so not to anger the judge. On the otherhand, my realtor said she will not list it until “x” repairs are made. I am caught up in the middle of a mess. The judge even threatened to put me in jail if I don’t put the house up for sale. This makes no sense to me. To my knowledge, the order was signed a couple of days ago. I am also appealing the judges ruling for numerous reasons. Trial was 11 months ago and we are just now looking at a signed order. We have 2 businesses, realestate, homes, etc. and now the values are all different from a year ago. I have been left with a complete mess.