Legal Question in Family Law in New York

Forcing Short Sale of Marital Home

Can I force ex who rejected offer when market was good to agree to short sale now that market is BAD? I've paid mortgage & all house expenses since 8/07. Exhausted savings and about to fall behind. Sale and 50/50 split were part of divorce agreement of 3/07.


Asked on 7/08/08, 1:37 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Forcing Short Sale of Marital Home

It depends on the language in the divorce agreement. However, assuming that the agreement calls for the sale of the marital residence and equal division, you can force the sale by filing a motion for a receiver to sell the house and divide the assets. I have successfully litigated this issue.

Mike.

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Answered on 7/08/08, 2:16 pm


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