Legal Question in Real Estate Law in Wisconsin
EX won't sell house
My Ex-husband and I have been divorced for two years. In our divorce settlement we were each given 50% of our home, however two years later our home is still not sold. He still lives in the home and pays me no rent and refuses to buy me out. Furthermore he will not lower the price in order to expedite a sale. Long story short he loves the home and doesn't want to sell. Is there any action I can take to either start receiving a rent payment or have him buy me out? This is in Wisconsin by the way.
1 Answer from Attorneys
Re: EX won't sell house
Hopefully your divorce decree provides for the possibility that the house would not sell. If so follow the procedure set forth therein. The decree should also state who is responsible for the mortgage, insurance and real estate taxes while sale is pending.
If this situation was NOT anticipated and provided for in the divorce decree, then you will have to file a motion with the divorce court to obtain equitable relief. There are many possible outcomes depending upon the facts and the real estate market conditions where the home is. The bottom line is that it is not fair to allow your ex to live there without paying a fair price for doing so. The court should be able to determine the how and how much for the sale of the house.
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