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I need to get proceeds from the sale of marital property…

Customer Question
I need to get...

I need to get proceeds from the sale of marital property (home) frozen. My ex-spouse has not paid for over 5 years since legal separation, but lived in the house for 17 months. I never lived in the house. when I tally up all the house notes and equity line of credit she owes me after proceeds of sale. She agreed to sign agreement showing all proceeds to me. Now at the last minute has changed her mind and feels she deserves something. The property is in Louisiana a community property state.

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

Louisiana

Lawyer's Assistant: Have you talked to a lawyer yet?

Initially to lawyer who did my divorce. He said she owes me and if she didn't sign the agreement I could go after her for the total amount. But I haven't spoken to him again since then. I have left a message for him but no call back yet.

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

The closing is happening very soon. Within the next week. Should I try to get an order to freeze proceed to allow enough time to deal with her. She also has very bad credit. Can one of her debtors take any of the proceeds before I can get what is owed to me?

Submitted: 8 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
12/11/2017
Real Estate Lawyer: Attyadvisor, Attorney replied 8 months ago
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,991
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
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Welcome to JA and thank you for your question. I will be the Attorney that will be assisting you. Are you on the title/deed to the house?

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Real Estate Lawyer: Attyadvisor, Attorney replied 8 months ago

If you are still on title the proceeds cannot be distributed without your signature. Have you been in contact with the title company that is closing the transaction?

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Customer reply replied 8 months ago
Not yet . I am getting the name and number from the agent
Customer reply replied 8 months ago
Don’t want to hold up the sale. Can the closing still proceed
Real Estate Lawyer: Attyadvisor, Attorney replied 8 months ago

When you are still on title your signature is required to legally transfer the title upon the sale. Where are you located so if your Attorney fails to respond I can have a real estate Attorney in your area assist you?

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Customer reply replied 8 months ago
I’m relocated to Maryland but the sale will occur in Louisiana and i’m planning on flying down. New Iberia Louisiana to be exact. It’s about 20 miles south of Lafayette
Real Estate Lawyer: Attyadvisor, Attorney replied 8 months ago

Great. Let me provide a link for Attorneys in that area. I am very happy that you will be attending.

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Customer reply replied 8 months ago
Ok great thank you
Real Estate Lawyer: Attyadvisor, Attorney replied 8 months ago

Please also contact the title company to make sure they know that you will be attending the closing as you have a vested interest in the real estate.

This is a link for Real Estate Attorneys in the area that provide FREE consultations. http://lawyers.findlaw.com/lawyer/firm/real-estate-law/new-iberia/louisiana

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Real Estate Lawyer: Attyadvisor, Attorney replied 8 months ago

You are most welcome.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you. If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it. A positive rating will not impact your ability to obtain a refund. You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out. Can you see the rating scale on your end, 5 stars? Thank you for your consideration.
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Real Estate Lawyer: Attyadvisor, Attorney replied 8 months ago

Are you still online with me?

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Customer reply replied 8 months ago
I’m still online
Real Estate Lawyer: Attyadvisor, Attorney replied 8 months ago

Do you have any additional questions for me?

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Customer reply replied 8 months ago
I’ll go ahead and will rate you. One last thing. If my exposure name is ***** ***** the deed . Does she still need to sign the proceeds agreement. Her name is ***** ***** a seller also on the sale agreement contract
Customer reply replied 8 months ago
Ex-spouse not exposure sorry
Real Estate Lawyer: Attyadvisor, Attorney replied 8 months ago

If she is not on the deed she should need be the seller as the seller is the owner of record (recorded deed).

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Real Estate Lawyer: Attyadvisor, Attorney replied 8 months ago

Do you have a copy of the deed that you can attach?

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Customer reply replied 8 months ago
I’m looking for it now . May have to go online an order
Real Estate Lawyer: Attyadvisor, Attorney replied 8 months ago

If you are the only one on the title it cannot be sold/closed without your signature.

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Real Estate Lawyer: Attyadvisor, Attorney replied 8 months ago

Are you still online with me?

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Real Estate Lawyer: Attyadvisor, Attorney replied 8 months ago

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it. A positive rating will not impact your ability to obtain a refund.

You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out.

Can you see the rating scale on your end, 5 stars?

Thank you for your consideration.

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