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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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We own a farm and ranch. Over a process we ended up at trial

Customer Question

We own a farm and ranch. Over a long process we ended up at trial where the judge gave my ex everything--cattle, land, equipment, etc. in return for a cash settlement of 1.95 million. The judge made this a "preliminary" ruling and ordered that my ex could pay it in a "note" to me. (terms have not been determined) The preliminary suggestion was a 20 year note at 2%. Seems ridiculous. Question is--is it legal or fair that my ex gets his half of the marital estate immediately and I have to wait a number of years? I do not want to be connected at all to this abusive man who has already ignored many of the judges rulings in the past. If I had the cash up front I could invest it and get a much better return. Is it legal for the judge to essentially order that I "help out my ex" by floating him a loan.
Submitted: 11 months ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 11 months ago.

Thank you for your question. Please permit me to assist you with your concerns.

Let me respond directly to your question--if the answer is not as you hoped, I ask that you do not blame the messenger.

You asked:

Question is--is it legal or fair that my ex gets his half of the marital estate immediately and I have to wait a number of years?

I cannot refer to fairness because what may be 'fair' to one is not 'fair' to the other, as that is a very subjective standard, but it is perfectly legal as far as the judge's ruling. If a judge finds that an immediate sale can harm the assets of the parties or in some way cause losses that may be able to be avoided (such as selling real estate in a 'down' market), the judge may extend payoff or in some way compel that the true property separation take place later. Now, you can definitely refuse and demand an immediate split (remember that this is a 'preliminary' ruling and not a final one), or you can demand different terms. But purely focusing on whether or not a judge can suggest such a split is very much legal and valid.

Sincerely,

Dimitry, Esq.