Why are you selling the house and why would you not include her in the process. If she put a for sale sign out in the front yard without you knowing it, would you not have to step in and ask her not to make decisions for her?
Am I missing something here or are you fighting her bats*it crazy with your own?
Burt
DBURT:
The house is solely titled and mtg'd in my name alone... So I legally don't need her approval, although Im sure the Ls will get involved, but I wanted it on the market before I got served. She filed for D, has refused mediation,,, this is now adversarial...
W and I had an agreement that when we bought it (she picked it out) That I would pay the mtg, and W would pay the utilities... She has had a 10k raise in her job this year and has not contributed to much else than the few utilities she agreed (about $700/month).. W buys for herself and spoils herself with spas, nails, hair, clothes, maid service, pool service etc.... When I decided that W should pay her own bills W went nuclear, cancels much of the utilities and tells me I need to put them in my name by 1/15... Ok, I'll do that but I cannot sustain the house on my own income without leaving me with a few coins afterwards..
In informal talks with her these past few months we both agreed that neither of us could manage the house on our individual incomes. and that if we did D we'd have to sell it. (not much equity, probably sell for a wash).. so it was a known that at the conclusion of the D the house would be put up for sale... I just hurried that piece of the situation along.... I'm letting her know that I'm done (the I get it speech). Creating crisis, now she really will have to move out, now W has to think seriously about moving out by herself and all that goes with it..
As a side note, my L stated that if we did both stay in the home, the Judge would most likely set the financial liabilities for each of us until the D was final. So I would get some relief,,, I'm certain W thinks I will have to pay for everything (as per her bully L), but that is not the case.. putting the home for sale,,This is also something she would never expect me to do (180)
AND my realtor told me that if anything in my situation changes she can take it off the market. I have it for sale BUT if I don't get close to my asking price, I don't have to accept the offer.. so at the price the realtor is asking, I decide if it sells or not... If it does sell at the asking, I still would have a profit.
If we D I'm going into a rental for a while anyways, so the end game for me is still the same... W thinks she will get to keep the house,,, L says its a pipe dream for her...I know her income, and I agree..
DD
H50 W44 M17 yrs S15 D11 D10 Bomb 4/09 Trial separation/moved out 9/09 Moved back in 12/29/09