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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 9912
Experience:  Experienced Family Law Attorney
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I got divorced in MD about 4 years ago. My divorce decree ordered

Customer Question

I got divorced in MD about 4 years ago. My divorce decree ordered my x husband to pay me 12,000 within a year of the divorce which he has not. I agreed to transfer land that I had in Puerto Rico (decree does not state how much). I recently found out that he intends to sell the land. in Puerto Rico. I have not signed anything transferring title of the land in Puerto Rico. Can he sell the land without me transferring deed and can the divorce decree be changed by a judge where I can request part of the land in exchange for the 12,000 plus interest and lawyers fee?
Submitted: 2 years ago.
Category: Family Law
Expert:  LegalGems replied 2 years ago.
Good Day! I'll do my best to assist you. Please remember: I only provide general information and a local attorney should always be consulted.
It is possible to request a modification of the decree based on non-performance. The proper method would be to file a motion to vacate the decree, and issue a new decree based on failure to comply, along with failure to disclose (a divorce decree can be vacated if the decree is vague, i.e. if the decree does not specify how much property to transfer)
In order to sell land, one typically needs to have title in their name, so they can effectuate the legal transfer.
If the land is worth the amount currently owing, the judge will likely revise the order so that the debt is extinguished, and the land remains with their current owner.
As for interest and legal fees, that is within the discretion of the court. If the party willfully and knowingly ignores a court order, the court is more likely to award such fees in order to fully compensate the requesting party; however, most judges will require proof that the requesting party first attempted to resolve the problem amicably- ie certified return receipt letter detailing proposal, then filing suit only after agreement could not be reached.
For these types of cases, since judges prefer finality of judgments, it is best to hire an attorney so they can prepare a memorandum of points and authorities in support of the motion, to help persuade the judge that the proposed action serves the interests of justice.
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Expert:  LegalGems replied 2 years ago.
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