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Stella1976

Forcing husband to sell unfinished home to pay off debt and live

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My husband and I are getting a divorce. My choice. And we are in alot of debt with personal and business credit cards, loans, real estate payments, etc. I am unable to pay my bills and rent and we have been late in 2 months mortage for our unfinished home and land. We also own a business together that has went bankrupt pretty much and our bank accounts are negative thousands of dollars. My question is can I legally make him sell the unfinished home to pay off debts and get our bank accounts up to not negative. We are both on the second-lien for the property and it was owner financed. He does not want to sell it cuz he wants to finish it and try to make the most money out of it but our credit scores are very poor and we owe a lot of money to employees and Banks Etc not to mention living expenses. Im looking for a job right now the offer we got would pay off all loans, credit cards, negative bank accounts, past employee pay that we owe them, customer refunds over $10k, etc. This offer could get us balanced out. I have an offer cash offer for the home right now and Im trying to get him to sign it but he will not. What can I do if anything to make him sign the offer? 

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The court cannot order the sale during the pendency of the divorce proceeding.  Saxon v. Riddel, 493 P.2d 127 (Ariz. Ct. App. 1972)..  However, the court can order the sale in the final decree.   A.R.S. 25-318

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On 7/8/2018 at 1:51 AM, Stella1976 said:

My question is can I legally make him sell the unfinished home to pay off debts and get our bank accounts up to not negative. We are both on the second-lien for the property and it was owner financed.

 

I'm curious why you specifically mention that you both are on the second lien, but you didn't mention anything about the title to the property.  Are you both on title?

 

In any event, you cannot force your husband to agree to a sale.  The divorce court may do so, but a lot depends on whether you're both on title.

 

P.S.  I'm not sure why this post isn't on the divorce board, but your post does suggest that consulting with a bankruptcy attorney would probably be a good idea.

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