Mymy ex-husbandowes me 30k for our house, is there a time line that he needs to pay me in?

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Mymy ex-husbandowes me 30k for our house, is there a time line that he needs to pay me in?

Our divorce finalized 14 months ago. We did not sell the house, instead he stayed and said he would buy me out. He says because of the economy he is underwater on the mortgage. His lawyer even stated that if he doesn’t pay me within 1year I can take him back to court. Is this true? The way I understand it is, he owes me this money that we agreed upon. It doesn’t matter what the economy is doing. Am I right?

Asked on July 13, 2011 under Family Law, Washington

Answers:

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

Answered 10 years ago | Contributor

One would need to read the agreement in order to give any meaningful guidance on this matter.  The agreement is a contract that you and your ex husband entered in to voluntarily.  If he is in breach of the contract then you have the right to take him back in to court to enforce it. Why does his attorney state that about the one year?  It makes me think that the agreement allows him a one year time frame to buy you out. But that may not be true. And you are right: the economy has nothing at all to do with your contract (unless it is written in there but that is highly unlikely) but it may be a reality of the situation: if he needs to refinance to get you the money then he probably can not give n the mortgage situation.  Get help.  Good luck. 


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