How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Richard Your Own Question

Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 45999
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
17027240
Type Your Real Estate Law Question Here...
Richard is online now
A new question is answered every 9 seconds

DIVORCE DECREE WAS COMPLETED IN JANUARY. PROPERTY SETTLEMENT

Customer Question

DIVORCE DECREE WAS COMPLETED IN JANUARY. PROPERTY SETTLEMENT STATES SPOUSE HAS TO PAY ME A LUMP SUM ONCE THE MARITAL RESIDENCE OR OTHER PROPERTY SHE OWNS WITH HER SISTER IS SOLD. MARITAL RESIDENCE HAS NEVER BEEN PUT ON THE MARKET AND OTHER PROPERTY THAT IS ON THE MARKET IS PRICED SO HIGH AS TO DETER INTEREST. NO OTHER TIME LINE STATED IN AGREEMENT. HOW LONG MUST I WAIT FOR WHAT I AM OWED?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. Although there is no black and white deadline when there is no date set in the settlement, the court will impose a "reasonable person" and "reasonable time-line" standard. That would mean what would a reasonable person consider to be a reasonable time to put property on the market and what would be a reasonable price at which to price the house to cause the house to sell. You are, based on my experience, beyond that time. First, you'll want to address the pricing information on the other property....i.e., get realtors in the area to give you comparables to show the house is not reasonably priced. Once you have that, you want to send your ex spouse a certified, return receipt requested letter detailing the history (the residence is not on the market and the other property is not priced to sell) and demanding that your ex-spouse immediately put the residence on the market at a reasonable price and change the price of the other property to reasonably sell based on your evidence. Inform your ex-spouse that if your demand is not timely complied with within a short specified period of time and then diligently pursued thereafter, you will have no choice but to file a suit for your damages. Be sure to specifically mention that you will be filing this claim not only as a breach of your divorce decree case, but also as an intentional bad faith claim, which will entitle you not only to your damages, but also an additional amount as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit.



Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!

Customer: replied 1 year ago.


ALSO THE HOME HAS A EQUITY LINE OF CREDIT AGAINST IT THAT I AM STILL PAYING THE INTEREST ON AND WILL HAVE TO DO SO UNTIL AUGUST 2014. I HAVE SIGNED OVER ALL RIGHTS TO THE HOME AND WOULD LIKE MY NAME TAKEN OFF OF THE HOME EQUITY LINEAND EVEN THOUGH THE LINE HAS BEEN FROZEN IT DOES HAMPER MY CREDIT RATING. THE AGREEMENT STATES THAT THE EQUITY LINE WILL BE SATISFIED ONCE THE HOME IS SOLD AND I REITERATE THE HOME IS NOT NOR HAS IT BEEN ON THE MARKET. ALL OTHER CONTRACTUAL RESPONSIBILITY I AGEED TO IN THE PROPERTY SETTLEMENT HAS BEEN SATISFIED (ie debt).WHAT IS THE LIKELIHOOD OF THE COURT TAKING ACTION TO RELINQUISH MY NAME FROM THAT DEBT OR AT LEAST ORDERING THE HOUSE BE PUT UP FOR SALE AT FAIR MARKET VALUE?

Expert:  Richard replied 1 year ago.
Thanks for following up. The court can issue sanctions against your ex- for failing to take reasonable efforts to comply with your divorce decree, including reimbursing you for amounts paid by you under the home equity line. But, unfortunately, the court has no authority to order the bank to release you. There are two contractual relationships here. First, there is the contract with the two of you and the bank, and then there is the one between the two of you. With regard to the contractual relationship with the bank, you are both joint and severally liable...meaning the bank can pursue either or both of you for the full amount they are owed until they get paid in full and the court has no authority to intervene in that relationship. But, with regard to the contractual relationship between the two of you, the bank can rule in your favor against your ex.



This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you the court could order you released from the loan, but, I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!
Customer: replied 1 year ago.

Im sorry maybe you misunderstood. I agreed to pay the eguity line interest only payment until August 2014 and have no problem with that. I however do have a problem with the home not being on the market in order to satisfy the bank loan. What is the likelihood of the court ordering the home be put up for sale or at least a deadline of when the loan must be satisfied by her?

Expert:  Richard replied 1 year ago.
Thanks so much for clarifying. Yes, the court absolutely will order the house be listed at a reasonable price and that your ex- diligently pursue a sale. It's also likely the court will appoint an independent third party to monitor this.
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 45999
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
Richard and 6 other Real Estate Law Specialists are ready to help you
Expert:  Richard replied 1 year ago.
Thank you so much for the positive rating! I appreciate having had the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help!

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    6227
    20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    4966
    13 years real estate, Realtor. Landlord 24+ years
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    4446
    I've more than 27 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg Ray's Avatar

    Ray

    Lawyer

    Satisfied Customers:

    4030
    Texas Attorney for 29 years dealing in real estate
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    2377
    12+ yrs. of experience including real estate law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    2355
    B.A.; M.B.A.; J.D.