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Thread: Legal question

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    Legal question

    Hey Fanatics got a friend who is renting right now and lessors are getting divorce. In the divorce decree she gave the house to him but in the writing it says he has 60 days to refinance the house in his name or put it on the market. Can the lawyer do that to my friend since he still under lease? The lease is until the end of December.



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    Re: Legal question

    Getting legal advice from CF...this usually goes well.



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    Re: Legal question

    That is a conundrum. That is also bad luck. Let him put it on the market and your friend can act slovenly when prospective buyers come by...


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    Re: Legal question

    Without knowing more details, if your friend has a valid lease then they have the rights associated with that until the lease is up regardless of if it is sold or refinanced. If it is the type of home that would likely be owner occupied or rented it would really suck for the husband to have to put it on the market, because only those looking to rent out the house will be interested because of the existing lease.


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    Re: Legal question

    The lawyer isn't doing that to him, the judge is. If it's in the divorce decree, then it has been signed off on by the judge. So yes, they can most certainly do that to him. It happens all the time. The goal is to separate assets as quickly as possible after a divorce, and since the ex is still on the mortgage that is usually the last piece of the puzzle.



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    Re: Legal question

    Depends on the wording in the lease agreement. Essentially the owners can always break the contract and just buy them out of the remainder of the lease to get out from the commitment in order to do what they want with the property. A property owner is always going to have more leverage over a renter as long as they can financially afford to break their end of the agreement to free up the property


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    Re: Legal question

    There's not enough information here to make a definitive statement on this. First off, we're going to need pictures of the newly 'single and ready to mingle' lessor.



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    Re: Legal question

    Another point, if he has 60 days to put it on the market, then that gives him until June 24th. So at that time he can put the house on the market. Let's say it takes another 60-90 days before he has an accepted offer, that now puts you at August 24-September 24. It can take anywhere from 30-60 days to close, so that would put you at about October/November. Not too bad if the landlord is willing to drag it out a little.



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    Re: Legal question

    Divorce decrees get poorly written all the time by individuals who fail to look at all the consequences of the decree. Retirement payouts are provided to ex-spouses from plans that don't allow immediate payouts, investment accounts are awarded that dont' exist (or arent of the type that are contained in the decree) etc. When this occurs, the decree has to be redrafted (or some arrangement made outside the decree).

    The lease is a legal contract and thus protects your friend to the extent the provisions in the lease requires. The decree isn't going to trump the lease. The landlord may have to go back to court and get the divorce decree changed if it dictates something to occur that the lease doesn't alllow.

    Bottomline: your friend only needs to be concerned with the what his lease allows and doesn't allow. Not the divorce decree.


    Last edited by capitalcityguy; 04-25-2013 at 12:56 PM.
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    Re: Legal question

    Easiest thing to do would be have you "friend" marry or as least start sleeping with owner.



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    Re: Legal question

    I'd put this under the **** happens category. Tell your friend to find some perspective. He could be the one getting a divorce.



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    Re: Legal question

    Quote Originally Posted by UNIGuy4Cy View Post
    Hey Fanatics got a friend who is renting right now and lessors are getting divorce. In the divorce decree she gave the house to him but in the writing it says he has 60 days to refinance the house in his name or put it on the market. Can the lawyer do that to my friend since he still under lease? The lease is until the end of December.
    Tell your friend not to worry. My guess is that the lawyers (his and her's) will milk this thing at least until the end of the year. That is what they do for a living.



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    Re: Legal question

    Have your friend review the lease term and to review the lease for any termination rights of the landlord. If the landlord has early termination rights or the lease term expires, then the landlord can terminate the lease. If not, the judge cannot modify the contractual rights of an inidvidual that is not a party to the judicial proceedings (your friend). I agree with Capitalcityguy's comments, except that a lease cannot prohibit a sale of the property (or the corresponding assignment of the landord's interest), so the landlord can be forced to attmempt to sell the property. From your friend's perspective, however, if the landlord sells the property, and the purchaser has sufficient notice of the lease (e.g. your friend is living in the property), then the purchaser takes subject to the lease.

    As a practical matter, make sure your friend has a copy of the written, fully executed lease. If the current or future landlord attempts to evict him, he will need to prove the terms of the lease.



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    Re: Legal question

    I wouldn't worry too much about it. Rental property needs to be rented...


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    Re: Legal question

    3 Words, Electrical Fire.


    Last edited by bringmagicback; 04-25-2013 at 02:22 PM.

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