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I have been married for 14 years and have 3 children with my wife. She has informed me she wants a divorce. We own a home that we can no longer afford to make the payments on. If we were able to sell the house, we have the potential to come out ahead by over $50,000. That would be enough to pay off debts and move to a location more affordable. However, my wife is unwilling to sell the house even with the fact that we can not make next month's payment. I could really use some advise on how to proceed in this matter.
3 ANSWERS
Divorce Attorney serving Bingham Farms, MI
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Gottlieb & Goren, P.C.
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File for divorce or legal separation.
Answered on Oct 07th, 2013 at 10:01 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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The only way you can "make" your wife agree to sell the house, is to have a Judge order it sold. if she is not persuaded by logical argument, there is nothing more you can do except perhaps ask her if she will agree to have your name removed from the debt and the home so that your credit is not affected.
Answered on Oct 07th, 2013 at 9:12 AM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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You can (and probably should) file for divorce and then immediately file a motion with the court seeking an order that the house be sold before it goes into default and foreclosure and damages both your and your spouse's credit, and credit will be needed badly during and after a divorce. You can ask the court to decide the motion to sell the house and divide the equity immediately; you don't have to wait months or years until the entire divorce action is disposed of.
Answered on Oct 07th, 2013 at 9:10 AM