QUESTION
Can my son turn my ex-husband's offer and have me selling the property to him instead?
Asked on Oct 29th, 2013 on Estate Planning - Washington
More details to this question:
I have a property with my ex husband, my son wanted and offered to buy his (ex) share out but turned him down, he wants me to sell on open market. Can he make me sale and turn down an offer for his half by his son?
10 ANSWERS
I am a little confused on the facts, but nobody can force you to sell without a court order or judgement.
Answered on Nov 19th, 2013 at 9:15 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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He could sue for "partition," which would almost certainly result in the court ordering the sale of the property. The cost of doing so would be a big bite out of what you'd expect from the place. Make sure you document son's offer in writing, as if he didn't get as much as son was offering it might give you a right to some offset for damages. It would be best to negotiate this matter. If you're moving anyway, I"d say sell and be quit of your ex. BTW, does your divorce judgment say anything about how the property is to be sold?
Answered on Nov 01st, 2013 at 3:16 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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I think you're saying that you were hoping that your son would to buy your ex-husband's share of the property from your ex-husband, but your ex turned your son down. Ex now wants either (A) to sell his half on the open market, or (B) to make you join him in selling the whole property. He can do (A) without your consent or participation. He can do (B) either with your participation or by getting a court order to have someone else (court-appointed partition referee) sell the property for the both of you. The court route would be more expensive for him and for you; so you are probably better off cooperating with him reasonably.
Answered on Oct 30th, 2013 at 8:38 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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First, you need an FHA Appraisal to establish value. Second, in light of the appraisal, your son now has a value from which to base his offer upon. Third, if the husband rejects the offer, then you may be compelled to seek legal services to file a Petition to Partition the property to force a sale of the property, which would allow your son to purchase the other half, as the court order will force your husband to sell his share; you will not have to sell your share.
Answered on Oct 30th, 2013 at 8:33 PM
2 Awards
He cannot control who buys it but he can make you put it on the open market. If you put it on the open market, your son would simply outbid any other buyer and pay his 1/2. It is really stupid because then you pay realtor fees. You may want to go to court under your divorce case and petition the judge that your son pay 1/2 of the appraised value and get an order so you can avoid the hassle of listing it on the market.
Answered on Oct 30th, 2013 at 7:12 PM
Your ex had no obligation to sell his share of the property to his son and you have no obligation to place your share for sale to the general public.
Answered on Oct 30th, 2013 at 7:11 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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He can't make you sell unless he gets a court order compelling you to sell.
Answered on Oct 30th, 2013 at 7:11 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Your ex was offered a chance to be bought out by his son. Unless your ex's interest in the property is somehow restricted by a legal agreement, I do not see why he would need to agree to a purchase by anyone. I do not see why he would do this, unless he thought he could get more on the open market. Perhaps an appraisal would help persuade him.
Answered on Oct 30th, 2013 at 7:11 PM
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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He can turn down your son's offer. He can also ask a court to order that the property be sold and the money divided between you and your ex-husband. Usually, the court would order that the property be sold at auction. Your son can certainly bid at the auction.
Answered on Oct 30th, 2013 at 7:09 PM
Thomas Edward Gates
He cannot make you sell. He may turn down the son's offer.
Answered on Oct 30th, 2013 at 7:09 PM