Purchase of Real Estate


#1

My ex and I have a signed consent order stating that I was to refinance the house and he be released from the deed within 90 days of filing. This was completed and I am currently the sole owner on the title/deed. Circumstances have changed and the house and yard is too much for me to upkeep. He always wanted first rights to purchase, which I gave him. He is wanting to obtain a mortgage and purchase the home for fair market price from me. We have been told that it is in violation of our consent order and that he cannot purchase a home from his spouse. We also signed a free trader agreement. We cannot wait until the divorce is finalized because my new home is available in July (we cannot file until June). My question is what are our options? Can we modify the consent order stating he is going to purchase the home from me so we can keep our children in the only home they have known? How soon can we file the papers for the divorce? Can they be filed anytime and just not processed until June 16th?


#2

Based on the facts as you presented them in your post, I believe you may be getting bad advice about your ability to sell the real estate to your spouse. As long as you initially followed the court order, and the house was distributed to you, you have every right to dispose of the property as you see fit, even if that means selling it back to your spouse.

You can file the papers for divorce after you have been separated for a year and a day. Yes, you can file for divorce and can delay going forward on your claim until it is convenient for you. I would not delay long because some jurisdictions dismiss claims if they are not timely prosecuted. Refer to our site for more information on the process of divorce.