judgement

[subina213]

My husband and I are divorced. I live in the house which is currently on the m arket and has been for a year and a half. I have been making the mortgage payments and fixing anything that goes wrong. I have never refused to show the house but with the market the way it is no one is looking. He is threatening to take me to court to buy him out. I would but I cant afford what he wants. Can I be forced to buy him out or lose the house altogether?

 

[dee_dub]

Can I be forced to buy him out or lose the house altogether?

Almost certainly not, unless you have some sort of contractual agreement permitting that.

He COULD petition the court for an order for partition and sale. Considering the house is already for sale, this really doesn't get him a whole lot. He might get power of sale and be allowed to list the house and have his own realtor show it. Frankly it seems like a waste of time to me - I dont' know why he'd bother doing that unless he thinks you aren't doing enough to sell it.