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MIAMILAW1127, Lawyer
Category: Real Estate Law
Satisfied Customers: 755
Experience:  Founding Partner at Moises Law, P.A.
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My wife (seprated) and I were in court to agree on the

Customer Question

My wife (seprated) and I were in court to agree on the selling of a rental property. The agreement we had said at time of sale I would get $95k and $60K to each of my kids trust. I had to sell this property as my mom (88yr old) wanted her loan back so after 2 hours of back n forth in courthouse I agree to terms that as presented to me orally from my lawyer was that my wife waned $40k to pay back current tuition and she offered me $20K to accept this term. I did and now I have found she did not pay down the tution as I was told. Now how can I get her to put $60k in one of my kids trust funds that now she claims she doesn't have (spent it)? By me agreeing to the let her have the $40K was that it was for paying down tuition as her lawyer in person told me what it was for. How do I enforce her putting that $40k and adl $20k of her money into a kids trust?
Submitted: 12 months ago.
Category: Real Estate Law
Expert:  MIAMILAW1127 replied 12 months ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

You can file a Motion to Enforce the Settlement Agreement. However, the issue you may be facing is that the terms you are seeking to enforce is a verbal agreement with her attorney (who will likely deny the existence of the term). Therefore, unless you have the terms in writing or have some other way to prove the terms of the agreement, it may be very difficult to enforce the terms.

I hope this helps. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Thank you.

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