Divorced Couple Struggles Over Selling Shared Apartment Amid Prolonged Delays

A divorced couple with children agreed in their divorce settlement that the wife would manage the sale of their shared apartment and live there with the children until it was sold. However, the agreement did not specify a deadline for the sale. Over three years, the wife claimed to be marketing the apartment but no buyers emerged, leading the husband to suspect she wanted to remain in the apartment indefinitely. He requested she handle the sale herself or through a broker, but she did not comply, and the agreement lacked any penalties to enforce the sale.

The husband sought legal help to negotiate with the wife, hoping to free capital to buy a new property. The wife delayed responses, and it took three months to arrange a mediation meeting with her and her lawyer. At mediation, the wife was given one month to agree on sale terms, including marketing and broker selection, but no agreement was reached.

After the deadline passed without progress, the husband ended legal representation to reduce costs and tried to convince the wife to let him sell the apartment, even assisting with repairs and paying child expenses without receipts. Despite these efforts, no sale occurred. Three months later, he returned to his lawyers to file a partition lawsuit to force the sale.

The family court urged the parties to negotiate before scheduling evidentiary hearings and warned that if no agreement was reached, a court-appointed trustee would sell the property, potentially below market value, with both parties bearing the costs. Eventually, the couple agreed to give the husband several months to attempt the sale with the wife's cooperation. If unsuccessful, the property will be transferred to a trustee. The case highlights the importance of including clear deadlines and sanctions in divorce agreements to prevent indefinite delays in property sales.