QUESTION
Am I solely responsible for all costs to sell my house even if my ex is still on the loan?
Asked on Feb 28th, 2014 on Divorce - Idaho
More details to this question:
My ex and I bought a house together in 2009. We went to court last year after separating, and I have sole right to use. In the agreement, it states I have 12 months to refinance it in my own name, and if I can't do so then I have to sell it. Also in the agreement there's a section stating I agree to indemnify and hold harmless my ex from any liability arising out of the ownership of said real estate. I have been in contact with a real estate agent and the house doe not value at what we owe. So I will have to sell the property, and it will likely be a short sale. My question is will my ex have to pay any costs of selling the house? Or am I solely responsible. And if it is a short sale, and we have to pay back the difference am I solely responsible for that also?
3 ANSWERS
It depends. You need an experienced attorney to review the full terms of the divorce order to answer that question. It sounds like you are solely liable for those costs but there may be terms within the divorce order that reverse that interpretation such that your ex-husband would share that liability.
Answered on Mar 10th, 2014 at 6:13 AM
Bruce Provda
It is not really good to give an opinion without seeing the document. However from the facts you've given, it sounds like it would be your sole responsibility. Have an attorney go over the actual document with you.
Answered on Mar 04th, 2014 at 8:29 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You are solely responsible.
Answered on Mar 04th, 2014 at 5:51 PM