I am being taken into court to be forced to sell my house. I signed a marital agreement saying I would pay monies to my ex wife by January 31st or I would sell my house to pay her. Before the house sold I came up with the money and paid her in full. The opposing counsel is still trying to force the sale of of my house. It' was deemed it's not a marital property. They reasoning they are claiming I was late in paying. Even though opposing counsel accepted all the money I have them to fulfill the obligation.
It is difficult to give you a proper response without reviewing the language in the marital settlement agreement and in your ex-wife's motion to force the sale of your house. Many times there is a provision in MSAs that require any mortgage be refinanced to remove the spouse from the loan. If there is still a mortgage loan in her name, she will have difficulties obtaining financing on a home in the future.
I highly recommend you take the MSA and all of the motions and documents showing you paid the monies due your wife, to a qualified family law attorney in your area. You can find such attorneys using the Find a Lawyer tool on Avvo.
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The Marital Settlement Agreement needs to be reviewed by an attorney in order to answer your question. If the house was non-marital and she is not on the deed or mortgage, AND you've paid her in full, then I don't understand the benefit they would receive from forcing you to sell your house. You really, really need to talk with an attorney and retain one to assist you. Many attorneys offer free telephone consultations during which you can send over a copy of the MSA and discuss your potential rights and options.
Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements.
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