This book will focus on the rights each spouse has under certain laws, situations, and circumstances, and how the division of the property will be decided by the court or through negotiation.
Motion for partition gets filed. You present arguments for sale now against holding. Motioner gets high appraisal (attach to motion), other side gets lower one. Arguements strictly financial, hard numbers projections, the appraisor and an accountant will be necessary to show to the judge projections and charts. Most compelling is if the holdout party can't afford to keep it. The asset almost always goes with any attached liabilities, even to a mother! Encumber the property as much as possible and they won't be able to afford to keep it. They'll lose it even if they get it in court and you can buy it back for the liability. One side can buy the other out, seller quit claims to buyer and buyer holds property. Buyer can HELOC for buy out funds if can afford payments. Other equities can be traded by one who wants to hold. There is no compensation for loss of investment, loss of income, alternate housing expenses, etc. unless in Calif. see Bernstein credits. I'm no lawyer, consult one that deals with Real Estate as well as divorce.
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Motion for Partition and Sale of Real Property
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