Legal Question in Real Estate Law in Illinois
force the sale of my house
I have been divorced for 8 months, we still own our house together. We have had the house on the market for 9 months and owe more than it is worth, with this market. He is stating that he will refuse any ''short sale''. Even though the house is currently listed for very little above the break even point right now.
Is there a way to force him to accept a resonable offer, even if it does put us short? Or to force him to buy me out, if he won't take the offer?
2 Answers from Attorneys
Re: force the sale of my house
For one thing, this should have been addressed in your divorce. Call your divorce attorney for an explanation. If it was not addressed, you may need to do a partition action.
Re: force the sale of my house
Presumably, the divorce agreement addresses this. Call your divorce attorney and tell him/her the situation and ask what the agreement says on this point. If the agreement says the house should be sold and the profits split (or something along those lines), he'll have no choice. Unfortunately, you may have to go into court on a "Rule to Show Cause" why he should not be held in contempt of court for violating a court order. Even though you'd have to pay your attorney to do this, your ex'd ultimately be responsible for your attorney fees if you prevail.
If the divorce agreement doesn't addresss this (and I'm not sure why it wouldn't), that's trickier. Then, you'd have to file a more exotic lawsuit like the partition suit the other attorney mentioned.
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