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In State of Oregon. Ex and I still own a home together. He…

In State of Oregon. Ex...
In State of Oregon. Ex and I still own a home together. He is behind in child support by about 20K. The house is set to close next week and he states he refuses to sign if the disbursement amounts don't reflect the amount he is expecting. There is a lien on the home with me as a creditor for child support. I will file with the county the exact amount tomorrow, but how do I force him to sign
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Answered in 4 minutes by:
1/23/2018
Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31,920
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Hi - my name is ***** ***** I'll be glad to assist.

The amount of the lien must be satisfied in order to transfer title to the property free and clear of all liens. Therefore, the lien will have to be released.......the only way he can be released is by paying the amount due (unless you're willing to accept less and release the lien).

If he signed the sale contract, and now refuses to sign the closing documents, deed, etc., you or the buyers can sue him for specific performance / breach of contract and get a court order forcing him to carry the transaction through.

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Customer reply replied 26 days ago
Thank you. What type of motion would you file with the court to get the sale through? Is there anything less than a court order that would work?

If he flat out refuses, the only way to force him would be to file a petition in court for specific performance and ask the court to force him to execute the documents to complete the sale.

Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31,920
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Verified
Roger and 87 other Family Law Specialists are ready to help you
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Customer reply replied 26 days ago
Oregon law says that you can not get spousal support if it was not awarded in the dissolution judgement. My child support was structured to include spousal support. Now he wants to adjust child support that the house is selling. Do you think I will have any recourse to gain spousal support?

If spousal support wasn't ordered at the initial dissolution, there is likely no chance to obtain it now. The reason is that support is need-based, and if you didn't have a need for support upon dissolution, the court isn't going to order it now.

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Customer reply replied 26 days ago
Thank you

No problem and good luck.

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Roger
Roger
Roger, Attorney
Category: Family Law
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Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters

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