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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11364
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Customer Question

My divorce papers, which we filed jointly without legal representation, state that the primary residence and other real estate shall be awarded to the husband. And a payment is required to equalize the marital property division. This payment shall be made by August 1,2012. We did not declare any other provisions. He doesn't believe he should make the payment until I sign a quit claim deed. He is in the refinancing process but doesn't yet know a timeframe for completion. I don't want to sign off on the titles while still being on the mortgages. I don't expect him to default but I didn't expect to by divorced either. Can I still demand the payment now?
Submitted: 4 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 4 years ago.
Thank you for your question.

If I may ask, what state did you file in? Just to be clear, was the divorce granted?
Customer: replied 4 years ago.
Wisconsin. Yes divorce granted 5-22-12.
Expert:  Dimitry K., Esq. replied 4 years ago.
Thank you for your follow-up, Tricia.

To be frank you are both in the same proverbial boat. You can demand payment from him based on the terms of the agreement, but in return he can request that you sign the quit-claim as he is the one who is entitled to the premises. Therefore withholding on either end, be it his or yours, would violate the court decree. You may want to consider meeting up at the same time where he brings the check, and you agree at that point to sign over the interest. Remember that if he defaults you would still have grounds to take him back to court for contempt of court order, and to seek a judgment against him for any damages or monies you would have to pay out due to his potential breach.

Hope that helps.

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