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David (Esq.)
David (Esq.), Family Law Attorney
Category: Family Law
Satisfied Customers: 32
Experience:  Over ten years practicing primarily family law
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I recently got a divorce and i am paying half of the ...

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I recently got a divorce and i am paying half of the mortgage still and the court document refers to it as Alimony In Solido [What is the meaning of Alimony In Solido?] Alsoo when the youngest child turns 18 the real estate is then to be sold and the profit split between she and I, but it says it is to be sold by public sale, private sale or auction {can she use the private sale avenue and sell to a friend or family member who will return it to her?} my name remains on the deed. And lastly she got half of my retirement fund up to the date of final divorce [do I need to make her take that amount now to prevent claims of interest or gain added and to prevent my ongoing contribution to the fund ] PS I live in campbell county Tennessee. Thank you!
Submitted: 9 years ago.
Category: Family Law
Expert:  David (Esq.) replied 9 years ago.
Alimony in Solido means a lump sum alimony.

When the property is sold, there is an element of good faith required on her part. In other words, she can't sell a $500,000 piece of property for $300,000 to her sister and then have her sister sell it back to her for that price to defraud you out of $100,000 (1/2 of the $200,000). If she does that, you will likely have a fraud action against her.

Another option may be to get the court to grant you the first right of refusal on the home. That way, if she does try to under-sell it, then you'll be the beneficiary because you'll have the first shot at the purchase price.

Finally, you will want to divide your retirement with a Qualified Domestic Relations Order (QDRO). That is an order signed by a judge that you send to the plan administrator that carves out her share of the retirement and puts it under her name. The QDRO can be done at anytime because it requires that you include a percentage and an as-of date for dividing (e.g., she gets 1/2 of the balance as of May 10, 2008).

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Customer: replied 9 years ago.
The only thing that is still not clear to me is this [Can she sell the property without my knowledge or permission since my name remains on the deed?/ And don't I have the right to be notified that it is on the market anyway and place a bid to buy it back myself?]
Expert:  David (Esq.) replied 9 years ago.

If your name is XXXXX XXXXX deed, you will have to sign the papers to transfer ownership of the property.

Depending upon the terms of your decree, you probably don't have a "right" to know that it's been placed on the market. However, since you'll have to sign documents or a quit claim (or warranty) deed, you will ultimately be involved in the sale.

If she has the home listed at a price you find acceptable and want to purchase it yourself, I would offer her the price in writing (and without agents to avoid their fees) and see her response. If she's unreasonable, then you could even take her to court and see if the judge will force her to sell the home to you.

~David

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