Court order to sell house but circumstances have changed and I want to keep it, how can I do this? 

Question Details:

I asked court for order to sell house May 2009 to buy myself time to stay in the residence during a foreclosure and divorce. I had no ability to pay the mortgage at the time. My ex had ability to pay but chose not to. I recently negotiated with mortgage company a refinance that I can afford. 1st payment made this month. There are 4 yrs of back property taxes unpaid and mortgage company is willing to incorporate them into loan. The house has no equity and $120K liens from the IRS. What argument do I make to get judge to award house to me. I have 80% custody of 2 children--one is autistic.

Asked 11/19/2009 under Divorce, Marriage, Alimony | 449 View(s) | More Legal Topics

Are you an attorney? Sign up to answer this question.

Divorce, Marriage, Alimony Law Answers

Timothy McCormick / Libris Solutions Answered 2 years ago | Contributor with 0 answers This attorney is licensed in California

This question cannot be answered without knowing the procedural posture of your case and why you would want to make such a financially unwise property distribution.  Without knowing how you would propose allocation of any other assets and all those liens, and how you would propose to deal with what appears to be an unsustainable financial arrangement, I can't imagine how a judge would go along with your proposal.  You also should not be negotiating new debt arrangements, much less paying on them, while your divorce is pending, without court approval.  I'm generally a big fan of most people handling their own divorces amicably and simply, but this sounds like one where you should have hired an attorney quite some time ago.

Related Divorce, Marriage, Alimony Questions

Didn't find your answer? Ask.

  Top Ranking Attorneys

Sign Up Today! Are you a lawyer?
Want to be featured here?
Sign up for a free profile and get started today! Click Here

More Questions Like This...

AttorneyPages.com