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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
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Experience:  Lawyer
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My ex husband and I divorced in Jan 2014 and we used one

Customer Question

My ex husband and I divorced in Jan 2014 and we used one attorney. He was supposed to give me the lien to sign which stated he would get money if I sold the house. He never gave it to me to sign and never asked me to go sign it.
Do I have to still sign it after so many years? He is sueing me saying I never signed but it was never given to me. He has gone almost two years with out you worrying about it.
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Unfortunately, yes, you still have to sign it. A divorce court judgment is valid until it's fulfilled. It doesn't expire. His mistake in not asking you to sign the paperwork early doesn't translate to your windfall in getting to keep the full value of the house, because that's legally not considered fair. If you get to court, the judge can order you to sign it, but he can also order you to pay any attorney's fees your ex incurs in getting you to sign it. This isn't a situation where you'd be saved by a statute of limitations, because there isn't one - and if there were, it would be the regular breach of contracts limitation period, which is four years.

I apologize that this was probably not the Answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.

Good luck.

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