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Tina, Lawyer
Category: Family Law
Satisfied Customers: 33167
Experience:  JD, 17 years legal experience including family law
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My divorce decree states a payment schedule for ex-spouse to

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My divorce decree states a payment schedule for ex-spouse to buy property I was awarded. Payment was to be completed by 12/2010, approximately $25,000. I have received $1,000 to date. Can I rescind the offer to sell, re-claim the property, and do I get an arbitrator to solve the problem, and who pays?

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Does your decree indicate an alternate arrangement if your spouse fails to make the scheduled payments?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 3 years ago.

No alternative payment plan,

I see. A divorce decree is a court order, so you cannot simply terminate it for non-payment and demand possession of the property.

Instead, you must typically take legal action against you ex, seeking to hold him in contempt of court and even have him jailed through a motion for contempt filed with the court which entered the order.

If you threaten this, it may be enough to compel him to sign the property over to you. If not, then you may need to actually file the motion or seek mediation of the issue if he is willing to negotiate a compromise.

Unless the court has ordered arbitration, that would not typically be appropriate under the circumstances and each party would typically pay their own attorney's fees. However, in a motion for contempt, it would not be necessary if he complied with the court's order, so it is more likely a court would order him to pay your fees.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!


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