Legal Question in Family Law in California

Delay in Refinancing House

Divorce is final, ex and I agreed in stipulated judgment that I would refinance the house to buy him out. The money I'll be giving him is an equalization of the community property. He is supposed to receive this cash within 45 days from the Judge's signing the final judgment. The 45 day deadline is coming up very soon. I was just informed by the escrow company that there is a problem with the title and clearing this problem up will take up to an additional 2 weeks then I'll have a clear title and can proceed with the refinance. My ex is a very vindictive, vengeful person. Can his attorney go after me and throw out the judgment, or do anything else, because the refi will take slightly longer than 45 days? Escrow is out of my control. Please advise. Thanks

Asked on 4/18/06, 5:33 pm

1 Answer from Attorneys

0 users found helpful
0 attorneys agreed

Re: Delay in Refinancing House

I don't think a short delay that is not your fault is going to enable your ex-husband to set aside the Judgment/MSA. By the time he gets to the hearing should he file a motion, he will have been paid. I would think that he would be entitled to interest. If there is no mention of it in the agreement then 10% simple interest is the legal rate I believe. Your escrow agent can calculate it to the penny. I would immediately notify ex of the delay and refer him to the agent if he has any questions. I sounds as if he would have run into the same title glitch if he had instead agread to sell the property and divide the proceeds. You may want to ask a realtor what happens when this sort of problem arrises in a transaction between strangers (as opposed to your worst enemy).

Read more
Answered on 4/19/06, 4:55 pm

Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California

Looking for something else?

Get Free Legal Advice

89033 active attorneys ready to answer your legal questions today.

Family Law, Divorce, Child Custody and Adoption Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony SmithLawSmithLee's Summit, MO
Glen AshmanAshman Law OfficeAtlanta, GA
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now