What to do if my divorce is finalized but my ex-wife won’t sign a deed of transfer?
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What to do if my divorce is finalized but my ex-wife won’t sign a deed of transfer?
My divorce and divorce agreement has been filed and finalized with the court. I was awarded the house and my ex-wife agreed to sign any documents necessary to carry out the terms of the agreement. Now that I’ve completed paying her alimony for the outlined time period, she is demanding that I pay her more money before she will sign the deed transfer. I’ve looked into filing a show cause to hold her to the agreement/court order, however the money she is
demanding is just slightly lower than the cost to hire and attorney. She also will not provide me with an address to serve her. In the agreement it states that if either party fails to follow the agreement, that that party will be responsible for court and lawyer fees. She is currently a student living with her boyfriend/fianc and as far as I know is not working. Is it possible that the court will honor this and make her cover my lawyer and court fees? She is stating that I violated the agreement by not paying her 13 months of alimony when I was required to pay her for only one year 12 months. people keep telling me it would be cheaper just to pay her he money she’s demanding because it will save me time and money in the long run. She knows this and is using it to her advantage.
Asked on June 28, 2016 under Family Law, Virginia
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The options you have listed above are your options. To force her to sign, you can take her back to court and then ask the judge to have her reimburse you for attorney's fees and costs. If you don't want the hassle of court, you can pay her more money... however, I would suggest doing the trade at an attorney's office so that the exchange of funds happens at the same time she signs... thereby preventing her from dragging this out even further.
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