QUESTION
My divorce agreement has a clause whcih specifies property sales
Asked on Jun 20th, 2015 on Divorce - New Hampshire
More details to this question:
My divorce agreement has a cluase which specifies property sale. In the clause my ex has the right to ask me to buy his share of the property at an appraisal value. If not the property must be put on the marke ( which it is now) and i have the fianl say of the sales price. He is telling me he is going to have the sheriff serve me notice of .something to do with this clause which will insist I buy the property or put in on the market for the appraisal value. No where does the clause say i have to sell at the appraisal value. Cn he do this?
1 ANSWER
Your ex cannot do anything without court approval. So, the sheriff cannot remove you from the house without a hearing and a court order. Even if the court order does not say you must list the house at the appraisal value, the appraisal may still be relevant. You have an obligation to list the property at fair market value. So, your ex may use the appraisal to claim your are not acting in good faith. The court will hold a hearing and you will have a chance to explain why the appraisal is wrong. You should bring your broker to court to explain why you listed at the price.
Answered on Jun 21st, 2015 at 5:50 AM