How do I get the highest buy-out from my ex-husband regarding the sale of my share of our home?

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How do I get the highest buy-out from my ex-husband regarding the sale of my share of our home?

My uncontested divorce was final last July and part of our agreement was him buying me out of our house by 10/31. That has not happened yet, but he has gotten an appraisal amount. How do I protect myself so that I get the amount due from this particular appraisal (which was higher than I expected), rather than a lower figure down the road? I don’t think he’s deliberately dragging his feet, just taking a while to get re-financing squared away. Still I want to protect my interests.

Asked on November 15, 2010 under Real Estate Law, California

Answers:

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

Answered 11 years ago | Contributor

Well, I would consider bringing an action to enforce the agreement now rather than later and using the appraisal as proof of the amount that the house is worth and obtaining a judgement as against him for that amount.  That might work.  Unless you establish the worth of the house in court now and have a date certain or a point in time that you can point to then you may be out of luck.  It may als light a fire under your ex husband to move on the issue rather than drag his feet if he knows that he could be liable for more of an amount than he can get later. You may want to consult with an attorney in your area too. Good luck.


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