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

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


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

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption