Tuesday, May 13, 2014

Hazards in Selling Home After Divorce is Final

Another good article is in Minnesota Lawyer dated 5-8-14, this one entitled "A House Divided Can Pose a Challenge."  The authors describe numerous MN appellate decisions dealing with the forced sale of the house as agreed or ordered in the divorce decree if one party fails to cooperate in the sale or is "dragging their feet."  This is a problem frequently brought to court for resolution.  It is important that the decree is very specific as to the mechanics for selling the house, including how offers are handled, the making of counter-offers, who pays for what repairs, etc.  It is unlikely that parties without attorneys can foresee all of the potential problems that an experinced family lawyer would.  The bottom line in MN is that the division of real property (house) is FINAL and cannot be substantially modified by the court if a dispute arises.

See also 2-21-14 posting here.

5 comments:

  1. It never crossed my mind that divorced couples sell houses together after a divorce. That just seems like a recipe for disaster. Is it common for one member of the couple to drag their feet on selling a house? If I were divorced I wouldn't want to be in a place with so many memories.
    Claudia Rosenburg | Barr, Sternberg, Moss, Lawrence & Silver, PC

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  2. My cousin recently decided to separate from her husband. She would like to find a reliable lawyer to help her while she goes to court. Would you have any tips or suggestions for finding the right legal representation for her? http://hfslawyers.com

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  3. "A House Divided Can Pose a Problem" is a great title! I have always been enthralled with good titles like that one. I like the article even more now! http://www.brittlawcenter.com/areas-of-practice/

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  4. I never really thought about how much goes into divorces that most people don't even think about. I know that if I were in a divorce I wouldn't even be thinking about how to sell the house. I am just happy that I am in a stable relationship and I don't really have to worry about it.

    Jason|http://www.kallandreilly.net/family_law.nxg

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  5. I had no idea that you would have a hard time finalizing a sale on your home after you are divorced. I guess though that is why there are family law attorneys out there to help with cases like this. I know that there would be a lot more fighting over something like this without them.
    Jak Manson | http://www.gregorydavieslaw.com/everett-wa-family-law.htm

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