kernwood53
New
Reged: 05/28/08
Posts: 12
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If I hire people to do a few repairs will I be able to submit these bills at the final divorce hearing? I have asked my STBX for his help with these repairs but he hasn't cooperated. And time is wasting away. It is for both our benefit if this repairs are made. It will help to get closer to the asking price for the home.
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allthumbs
Platinum
Reged: 07/12/07
Posts: 571
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Probably. However, the way I would handle it is to have a demand letter/bill sent to the escrow officer for the total amount of the repairs. Then have it paid directly to you out of escrow from the profits of the sale. Make sure you inform your STBX this is what you're doing in a certified letter. You do not need his permission as you are co-owner and have the right to make needed repairs to your property.
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What will I lose
Platinum
Reged: 05/21/07
Posts: 761
Loc: PA
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[quote] Make sure you inform your STBX this is what you're doing in a certified letter. You do not need his permission as you are co-owner and have the right to make needed repairs to your property. [/quote]
thats VERY interesting. I'm still in limbo with my house and even passably ready for sale would cost a lot. Good to know she would have to accept 1/2 the cost too!
now how would i bill her for my time doing all the cleanup? or do i have to hire someone to 'save' my money
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call me WWIL...PA resident 39 year old , married 11 years, together 12...splitting in 13th year.
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allthumbs
Platinum
Reged: 07/12/07
Posts: 571
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"now how would i bill her for my time doing all the cleanup? or do i have to hire someone to 'save' my money"
Owners typically do not get to charge themselves for making repairs to their own property. So, if you do the work, you don't get paid. If you hire someone, then you could send a demand letter/bill to the escrow officer demanding payment out of escrow funds. If her attorney is sharp, he will negotiate a full settlement price PRIOR to your STBX signing off on the the quit claim deed on the refinance. So, the escrow officer would be sending your ex or your ex's attorney the check for the settlement money out of the escrow acct. At that point, it's irrelevant about your demand letter because the funds used to pay it are yours anyway. See what I mean?
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What will I lose
Platinum
Reged: 05/21/07
Posts: 761
Loc: PA
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the word refi isnt in my post. I was asking if she forced the sale of the house if she would have to pay 1/2 the amounts i pay for someone to haul all the junk away and fix up for resale. I would hope the burden wasnt on me to pay for stuff i dont even have the money for.
which is another issue. I literally dont have the money, unless i use some of her visa card and i'm sure she wouldnt be happy with that at all. So in a way it's a moot question but in a way it could turn out to be a real question if she forced the sale. Would she have to fork out some of the 15K she took for me then maybe get a bigger credit back for it?
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call me WWIL...PA resident 39 year old , married 11 years, together 12...splitting in 13th year.
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allthumbs
Platinum
Reged: 07/12/07
Posts: 571
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OK, sorry, I didn't quite understand. You're referring to selling the home. Yes, then if you hired someone to perform a service to assist in selling the house, yes, that cost should be divided equally. You could submit a bill or demand letter to the escrow officer to get reimbursed if you have already paid the bill. This is often how real estate agents receive payment for their services in selling a property, with a demand letter to the escrow officer.
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What will I lose
Platinum
Reged: 05/21/07
Posts: 761
Loc: PA
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Very interesting and good to know. IF she forces me to sell the house, I guess as long as i make objectively determined expenses (ie all the junk in the back yard being hauled away, mold scrubbed off the crawlspace joists etc) SHE would have to bear 1/2 the cost out of her share (id hope)
If this is true, and her atty confirmed it, i guess then she would realize selling gets us both nothing and she would just be doing it out of spite.(which may turn out to be the case)
It needs a lot to make it barely acceptable to a low price fixer upper even.
I did confirm with her today she's not dragging her feet, it's her atty. She asked if i was accusing her of it and i said no but i needed to know if your atty was at fault for not doing anything because thats what i want to tell my atty and if you are the one that doesnt want this resolved, ill look like an idiot saying the other atty is at fault when you are
if you followed!
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call me WWIL...PA resident 39 year old , married 11 years, together 12...splitting in 13th year.
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allthumbs
Platinum
Reged: 07/12/07
Posts: 571
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I do not know about real estate law in PA. Here in CA, we have a "full disclosure" law, meaning the owner is legally obligated to disclose all known defects of a property. How does this apply to you? Well, ask your realtor what you have to do to prepare your home for sale. Have them reply via e-mail or in writing with their letter head stationary. Then, your ex cannot say it was you the decided to make those repairs but it was the advice of a professional realtor. That way, there would be no dispute that the repairs were required to sell the property and the costs of selling should be equally divided.
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What will I lose
Platinum
Reged: 05/21/07
Posts: 761
Loc: PA
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wow thats a great idea..i should have a realtor come in..fantastic idea for negotiation purposes too. In todays market from what i read a house has to be in 'great shape' to get 'full price'
id have to disclose my wall is falling, there is mold all under the house, underground oil tank etc etc. Legally even! I have no moral choice, cant be dishonest and hide stuff right? geez i love when the law seems to be on my side
of course she can say fine she cant get zip for the house but wants a billion in alimony!
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call me WWIL...PA resident 39 year old , married 11 years, together 12...splitting in 13th year.
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allthumbs
Platinum
Reged: 07/12/07
Posts: 571
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"of course she can say fine she cant get zip for the house but wants a billion in alimony! "
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Oftentimes, property settlement and support issues are handled separately. It "muddies the water" when some try to combine the two issues into one negotiation. I wouldn't agree to negotiate that way. Negotiate the property settlement separate from the support. They are two separate issues.
You may already know this but if you refi the house and plan on buying out your stbx, you may not deduct selling costs from the value of the property, including costs of clean-up. You need to make a fair market offer based on it's current condition. Now if you both do decide to sell, then all the costs associated with selling are paid for out of the sales price, including realtor fees, escrow fees, repairs needed to sell the home, everything. Anything left is then equally divided, if that is what you both agree two. You can also insist any community bills ( credit cards, car payments, etc.) be also paid from the sale of the property. The idea is to subtract all the community obligations from any profit of the sale so neither party is stuck with some community bills.
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