my ex spouse was supposed to pay me 40,000 when he refinanced our home which he is still in.

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my ex spouse was supposed to pay me 40,000 when he refinanced our home which he is still in.

Our divorce decree says that when the family home is refinanced the respondent him was to pay the petitioner me $40,000 that I am due for my share of the home’s appraised value at the time our divorce was final. It has been 10 years this month and he has refinanced twice now. There is still enough equity in the home to pay this amount, however he claims his payment will go up causing him to not be able to afford the home any longer. Can I force him to sell the home and pay me off per the details in the decree?

Asked on February 13, 2018 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Please go and seek legal help as soon as you can.  THe divorce settlement is  contract and if he breached it you have to sue him based upon that break.  But there is a statute of limitation on a contract breach (6 years in California) so when these refinances happened may matter.  Good luck.


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