selling the house

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gryduffy@yahoo.com - 29 Jun 2007 16:04 GMT

MY WIFE AND HAVE SEPARATED RECENTLY. WE BOTH HAVE OUR NAMES ON THE
DEED .SHE HAS MOVED OUT OF THE HOUSE, BUT I BELIEVE SHE WANTS TO BUY
ME OUT AND MOVE BACK IN. DO I HAVE THE RIGHT TO REFUSE? WE LIVE IN
VEGAS AND THE MARKET IS BAD RIGHT NOW. WE HAVE LOST OVER $100,000 IN
THE LAST 2 YEARS. I WANT TO STAY IN THE HOUSE AND RAISE MY TWO
CHILDREN HERE

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S.D. - 29 Jun 2007 19:06 GMT

> MY WIFE AND HAVE SEPARATED RECENTLY. WE BOTH HAVE OUR NAMES ON THE
> DEED .SHE HAS MOVED OUT OF THE HOUSE, BUT I BELIEVE SHE WANTS TO BUY
> ME OUT AND MOVE BACK IN. DO I HAVE THE RIGHT TO REFUSE? WE LIVE IN
> VEGAS AND THE MARKET IS BAD RIGHT NOW. WE HAVE LOST OVER $100,000 IN
> THE LAST 2 YEARS. I WANT TO STAY IN THE HOUSE AND RAISE MY TWO
> CHILDREN HERE

Yes; but only if you buy her out at fair market value.

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SD:)
"Intellectuals solve problems; geniuses prevent them.(A.E.)"

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Rog' - 29 Jun 2007 21:20 GMT

> MY WIFE AND HAVE SEPARATED RECENTLY. WE BOTH
> HAVE OUR NAMES ON THE DEED. SHE HAS MOVED OUT
> OF THE HOUSE, BUT I BELIEVE SHE WANTS TO BUY ME
> OUT AND MOVE BACK IN. DO I HAVE THE RIGHT TO
> REFUSE? ...

Dude, please stop using all caps. In internet grammmer school, they
teach that its the equivilent of SHOUTING, and its hard to read.

As for the question, she cannot force you to sell your share to her
any more than you can force her to sell her's to you. If you cannot
agree on who gets the house, the court can do any of these things,
if the pleadings are in order:
1. Direct the house to be sold and divide the proceeds (Partition);
B. Award exclusive possession to the custodial parent for raising
the kids -- if you get it, you may be ordered to buy her share; or
iii. Award it to one or the other as part of a division of property.
=R=

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saulgoode - 30 Jun 2007 03:58 GMT

Buy you out of what? I don't see the math on this one -- she wants to assume
half the debt instead of letting you keep it?

I'm not trying to sound dense or obtuse or smart; I really want to know what
the math is on a house that's so upside-down.

- Saul

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Family Forum / Marriage / Divorce / June 2007

selling the house