If I was awarded the home in the divorce, what are my rightsin regards to listing the house for sale?
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If I was awarded the home in the divorce, what are my rightsin regards to listing the house for sale?
The divorce decree states the following: The parties shall list the property with a duly licensed real estate broker having sales experience in the area.The property shall be sold for a price that is mutually agreeable to (my ex and I). If (my ex and I) are unable to agree on a sales prices, on the application of either party, the property shall be sold under the terms and conditions determined by a court-appointed receiver. (I) shall be responsible for the legal fees incurred to force the sale, including (my ex’s) attorney’s fees. Does this mean we need to agree on the listing price?
Asked on November 2, 2011 under Family Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
According to what you have quoted, if you and your ex-husband do not or cannot agree on a listing price, you have the right to bring the matter to the court. A court-appointed receiver will then be apointed and determine the price; you will be responsible for any and all legal fees resulting out of bringing the matter to court, including your ex-husband's lawyer's fee.
So there is, based what you have written a mechanism (and not an uncommon one) for moving ahead when the two interested parties disagree--court intervention to resolve the issue--but that mechanism imposes costs (and also delays-the courts never move all that fast) on you. Therefore, it would be in your interest to settle ona mutually agreeable price with your ex-husband, even if that means accepting a price which, if you did not have the cost and delays of court hanging over you, you would normally not accept.
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