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I am divorced and I have a question related to the share of…

Customer Question
I am divorced and...

I am divorced and I have a question related to the share of a property.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Utah

Lawyer's Assistant: Has anything been filed or reported?

The divorce is already finished

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I would like to ask directly to the lawyer

Submitted: 5 months ago.Category: Legal
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Answered in 5 minutes by:
1/8/2018
Lawyer: Ray, Lawyer replied 5 months ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 47,728
Experience: 30 years in civil, probate, real estate, elder law
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Lawyer: Ray, Lawyer replied 5 months ago

What questions can I help you with,thanks.

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Customer reply replied 5 months ago
We had an agreement about the share of the house, this is how it is in our divorce:
Cristiele and Stephen will both remain on the title but the loan will remain on Stephens name only until such a time that Cristiele can be approved for a refinance, if said refinance has not occurred by March 31, 2018 we both agree to sell the house together. Until that time Cristiele will be responsible for all costs related to this mortgage. Also, Stephen will be entitle to his share of the equity to be paid at the time of refinance or sale. This share shall be $6.000 based on recent appraisal value.Since then the house has increased in value, and because of that he is claiming 50% of the share. He left the house before thw divorce was over and I have been making the payments on my own. My question is, is it a 50/50 share or is 6.000 a static number?
Lawyer: Ray, Lawyer replied 5 months ago

To me the language says it is a static number and you go by the agreement here in writing.You have good cause to hold him to the agreement here and not go up.It might be bad for him now but he signed it back up the road.If the property had gone down in value he would still want the $6k.

I would stand on the agreement.It is a valid contract and enforceable.

Good luck to you and thanks for rating 5 stars.

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Customer reply replied 5 months ago
Thank you
Lawyer: Ray, Lawyer replied 5 months ago

You are so welcome, stars at top.Have a great day.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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