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It used to be fairly un
Submitted by DakotaLegal on
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It used to be fairly un
Submitted by DakotaLegal on
It used to be fairly un-common for a couple who were divorced to still own property together for very long. This is because most people (even if the divorce is friendly) try to avoid the problem of selling, which you’re describing here…so you’ll have to start by looking at the divorce decree and see exactly what it says about all remaining property. You may have to go back to fix the property distribution.
You may be eligible for low cost legal advice, and can check for eligibility here: http://www.masslegalservices.org/findlegalaid.
Keep in mind, though, once a divorce decree has been entered, there are usually only a few reasons to modify the original order (such as joint ownership of land). Here’s a court case showing that unless there was fraud, concealment, or a misunderstanding, a divorce decree will look at changing the terms of the property order regarding only alimony or child support: http://caselaw. findlaw.com/ma-court-of-appeals/1417053.html. We’ll talk more about challenging an Order as a mater of fairness, in a minute. First, let’s see if there are any limits on your being able to force a sale.
Do You Have Any Agreements or Limitations on Selling?
Though I don’t know if this applies, I am going to assume there was some kind of agreement or condition (apart from a mistake in the Order) that kept you and your ex husband as “co owners.” For example, the two of you might have owned some land with the idea of building a home together…a slide in the economy may have put the value of the property under water. The poor economy might have forced you two to hold onto the property instead of forcing a sale. This will raise issues of how you entered any loan agreements.
One increasingly common reason for owning property together after divorce is because it’s a business interest. This may mean you have some special obligations or rights as business associates: if a partner, you can force a sale of partnership asset equally. Be careful though, because if your actions to force a sale cause a drop in the property’s value, you may have to pay for it all by yourself… http://caselaw.findlaw.com/ma-supreme-judicial-court/1383082.html.
There are also cases where one of the parties has stayed in the former marital home, waiting for the real estate market to improve. This has sometimes raised issues about whether the occupant of the property has some sort of renter rights.
Figure The Costs Of Disagreement
Any court will usually be reluctant to keep property owners tied together. This is because our system has a real interest in making sure property can be privately owned and easily transferred (or sold). Also look at the court order and see if there is any allowance for mediation. Some orders will try to avoid this conflict by giving one party a right to purchase the property outright by asking for an appraisal. Perhaps you can make an offer to buy your Ex’s share in the property.
Go To Court: Forcing A Sale
Some spouses are left much better off financially than the other, and use these kinds of situations to harm their ex. If this applies to either one of you, the law does allow for some “equity” and can limit harm to the innocent partner. Be ready to produce expert evaluations showing that you are the one who is acting to protect the best use and value of the property.
Depending on how long ago the court order occurred, you may try and get a new order about the correct distribution of property. If you can show there was some fraud or misrepresentation by your ex-spouse, you may be able to open the door for a new decree that is fair. Here’s a case where a major change in the assets given to each spouse was reviewed for basic fairness… http://caselaw.findlaw.com/ma-supreme-judicial-court/1193745.html. You’ll want to look at what’s called Massachusetts Rule 60, allowing a court to promote fairness (or “equity.”) in divorce decrees.
It used to be fairly un-common for a couple who were divorced to still own property together for very long. This is because most people (even if the divorce is friendly) try to avoid the problem of selling, which you’re describing here…so you’ll have to start by looking at the divorce decree and see exactly what it says about all remaining property. You may have to go back to fix the property distribution.
You may be eligible for low cost legal advice, and can check for eligibility here: http://www.masslegalservices.org/findlegalaid.
Keep in mind, though, once a divorce decree has been entered, there are usually only a few reasons to modify the original order (such as joint ownership of land). Here’s a court case showing that unless there was fraud, concealment, or a misunderstanding, a divorce decree will look at changing the terms of the property order regarding only alimony or child support: http://caselaw. findlaw.com/ma-court-of-appeals/1417053.html. We’ll talk more about challenging an Order as a mater of fairness, in a minute. First, let’s see if there are any limits on your being able to force a sale.
Do You Have Any Agreements or Limitations on Selling?
Though I don’t know if this applies, I am going to assume there was some kind of agreement or condition (apart from a mistake in the Order) that kept you and your ex husband as “co owners.” For example, the two of you might have owned some land with the idea of building a home together…a slide in the economy may have put the value of the property under water. The poor economy might have forced you two to hold onto the property instead of forcing a sale. This will raise issues of how you entered any loan agreements.
One increasingly common reason for owning property together after divorce is because it’s a business interest. This may mean you have some special obligations or rights as business associates: if a partner, you can force a sale of partnership asset equally. Be careful though, because if your actions to force a sale cause a drop in the property’s value, you may have to pay for it all by yourself… http://caselaw.findlaw.com/ma-supreme-judicial-court/1383082.html.
There are also cases where one of the parties has stayed in the former marital home, waiting for the real estate market to improve. This has sometimes raised issues about whether the occupant of the property has some sort of renter rights.
Figure The Costs Of Disagreement
Any court will usually be reluctant to keep property owners tied together. This is because our system has a real interest in making sure property can be privately owned and easily transferred (or sold). Also look at the court order and see if there is any allowance for mediation. Some orders will try to avoid this conflict by giving one party a right to purchase the property outright by asking for an appraisal. Perhaps you can make an offer to buy your Ex’s share in the property.
Go To Court: Forcing A Sale
Some spouses are left much better off financially than the other, and use these kinds of situations to harm their ex. If this applies to either one of you, the law does allow for some “equity” and can limit harm to the innocent partner. Be ready to produce expert evaluations showing that you are the one who is acting to protect the best use and value of the property.
Depending on how long ago the court order occurred, you may try and get a new order about the correct distribution of property. If you can show there was some fraud or misrepresentation by your ex-spouse, you may be able to open the door for a new decree that is fair. Here’s a case where a major change in the assets given to each spouse was reviewed for basic fairness… http://caselaw.findlaw.com/ma-supreme-judicial-court/1193745.html. You’ll want to look at what’s called Massachusetts Rule 60, allowing a court to promote fairness (or “equity.”) in divorce decrees.