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

Asked over 1 year ago - 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)

  1. Scott Francis Breidenbach

    Contributor Level 4

    1

    Lawyer agrees

    Answered . 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.

  2. Randi Joy Silverman

    Contributor Level 16

    Answered . 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... more
  3. Brian A Victor

    Contributor Level 8

    1

    Lawyer agrees

    Answered . 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... more

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