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My soon to be ex. is not adhering to our separation agreement. What can I do?

Williamsport, PA |

He is to refinance and give me a lump sum, and I will sign over all rights to the property to him. He lost his job, and wants to sell, which breaks our agreement. Am I out of luck?

Attorney Answers 3

Posted

No. You can file a Petition to enforce the agreement. You will need to meet with an experienced family law attorney so that he/she can prepare the Pettion. Since he lost his job, you should act quickly so that he does not have an opportunity to default on the loan and damage your credit.

My response is based solely on the limited information contained in the question. It is not meant to substitute your attorney's advice.

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Posted

It is probably best to talk to him first and explain the situation and let him know he is not following the court order. If that does not solve the problem you should meet with a family law attorney in your area and discuss the pros and cons about filing a petition with the court to enforce the agreement.

Answering this question does not form an attorney-client relationship in any way. The answer provided is for general information only and you should always talk to a local attorney who can advise you on your specific matter.

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Posted

While I agree with the answers my colleagues gave, I think I would be inclined to very quickly make sure that I had the current market value for the property established through the opinion of a real estate appraiser. at that point, you could then agreed to list the property for sale as quickly as possible and get it sold. once the fund of money is generated, you could then argue that you should receive an amount calculated based upon the appraised value rather than the ultimate sales value because he will probably not be taking as good care of the property or even more likely will deplete the equity by going into default. you could then maintain the position that the money lost by his default or lack of maintenance would come out of his share so to speak.

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3 comments

Asker

Posted

Thank you . wouldn't I rather have my money from a refinance over a sale, due to capital gains taxes if home is sold? Otherwise, it is part of my agreement with him over the settlement in divorce

Scott Francis Breidenbach

Scott Francis Breidenbach

Posted

I'm not sure if I can respond to you by reply to this AVVO email. If you get this, you should send me your email directly and we can talk from there. The short answer to your question is "no, not really any better to seek a re-fi". First of all, there is no capital gains tax involved any more. Second, If he lost his job, he won't qualify for a new loan. Again, I would get it on the market asap and , in the process of listing it, get a real estate appraiser (i.e. not a real estate sales agent) to put a value on the property - then, get a real estate sales agent to list it for sale. And whatever the percentage of proceeds you are supposed to get should be based on the value, not the sale unless the sale price is higher than value. Anyway, email me directly if you want to pursue this further. Then, we can see how much work will be involved and we'll work out details. Best Regards, Scott Scott@BreidenbachAssociates.com<mailto:Scott@BreidenbachAssociates.com>

Asker

Posted

Thank you, I have no settlement agreement for sale of home, only for him to refinance by June 15.(i never thought he would sell...)

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