I want to file a Complaint for Sale of Property in Lieu of Partition. My ex husband will not comply with the sell of our former marital home. My use and possession has expired.Do I file this in Family or Civil Court? Additionally can I retain a real estate attorney to stricyly write up the motion to be filed and typically how much does that cost? Thank You in advance for your help!!
2 Answers from Attorneys
Your existing divorce attorney can do this, or any of us real estate litigation lawyers can assist. But the complaint is followed by a schedule, appointment of a trustee to sell the home, and various court events. Your cost for the petition is just the first expense, if your husband does not comply, immediately.
It is also likely that your divorce lawyer can file for contempt charges against your hubby for his failure to comply with the order arising from that case.
A Complaint for Sale in Lieu of Partition is a civil action (non-domestic). It is not clear from your post whether there is already a court order requiring sale or whether you just continue to jointly own property with your ex that you need to sell. When there is an existing court's order in the divorce case that says the property must be sold and one party isn't following the order, the other party can do as another poster noted (seek contempt) OR file a Motion in the underlying divorce case to appoint a Trustee.
Attorneys each set their own fees and the fees are not set by law. Filing fees are set by statute but vary slightly county-to-county. Often limited work (like preparing a motion without full representation) is either done hourly (at the lawyer's hourly rates for as many hours as the lawyer works) or on a flat fee basis.
You are welcome to call my firm at 410-216-7000 for a no cost initial phone consult of up to 10 min or contact another firm of your choosing to discuss specifics. While I hope this general legal information helps, it does not create any attorney/client relationship or promise to represent.