My husband and I signed a marital separation agreement on 8/3/09, stipulating that the home would be sold. At that time I did not have the income to refinance the house. We had decided to co-habitat, however, he became psychologically and emotionally abusive so I moved out on 10/19/09. We listed our home on 9/1/09 and it has not sold. The listiong price now would net each of us $25K. I have since become employed and have the ability to refinance the house and buy him out. He will not agree to the buy out, can I take him to court for the the judge to order his acceptance? I am offering him the same amout he would net if the house sold for what we have it listed for now.
He cannot prevent you from purchasing the house in the same manner any other seller would. If he refuses the sale you may take him to court for breach of his agreement to sell the home.
The house must be off the market for six months to refinance. He will be in breach of contract if he does not agree to the payoff?
I believe he would be. You are a willing purchaser and the agreement states that the home shall be sold.