If in my marital settlement agreement it says that I owe my ex $24k for equitable distribution on our property, do I still owe the money if there were no proceeds?

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If in my marital settlement agreement it says that I owe my ex $24k for equitable distribution on our property, do I still owe the money if there were no proceeds?

He quit claimed, I refinanced and then some years later I filed bankruptcy and the home went into foreclosure. Do I still go through Family Court?

Asked on October 24, 2012 under Family Law, Florida

Answers:

Jack Pugh

Answered 8 years ago | Contributor

Whether there are any monies due the former spouse would depend upon the specific language of the Marital Settlement Agreement and/or Final Judgment.  Accordingly a definitive answer is impossible without having those documents in hand.  I have had cases which have gone both ways.  If the Final Judgement and/or Marital Settlment Agreement states a sum certain it is more likely the judgment will be enforceable.  As the Debtor party, I would make an argument as the change in value of the property being affected by market forces and not incidental to any actions or omissions on your part.  Wishing you only the best of luck, I remain.

 


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