QUESTION
What are my rights as joint home owner with my ex? Can ex force me to use an agent I do not trust.
Asked on Oct 21st, 2011 on Divorce - Virginia
More details to this question:
Ex currently lives in the house we jointly own. I agreed to sell the house after threats were made to force the sale through court. The divorce decree states we must mutually agree on a realtor and I do not trust the one my ex insists on using. I found another realtor willing to work for 4.25% commission and when I presented this agent to my ex, his agent offered to match the commission. In an attempt to talk my ex''s realtor into not working for us, I asked for the commission to be dropped to 4% and asked that the home be listed for 2k more than another similar home on our block. She wants a quick sale and wanted to list the price very low in my opinion. I do not believe my terms are unreasonable and I am communicating but there has been silence for a week now on my ex''s end and I am concerned he is now going to take legal action. Can he force me to use an agent I do not trust?
1 ANSWER
1 Award
Your divorce decree provides the answer for you - it says you must mutually agree on a realtor. This means that your ex-husband cannot force you to use an agent you do not agree on. Let him take you to court. Or you can file a motion first. If the two of you cannot resolve this issue yourselves, then court is where you need to be to in order to have a judge decide for you. Do not be afraid to use the legal process. That is what it is there for. Since your terms are reasonable and you are entitled to have a realtor you are comfortable with, you should prevail with the judge. Your worst case scenario is that he gets to keep his realtor, so you really have nothing to lose. In some instances you could be made to pay his attorneys fees if he wins, but I think this is a low risk, since you are acting in good faith.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.
Answered on Oct 22nd, 2011 at 11:08 PM