California  |  Family Law

Legal Question

Asked on: 12/30/09, 3:42 pm

My divorce was finalized 4 1/2 yrs ago. At the time I was awarded our home with the stipulation that when I finally sold it, that if I didn't "net" $215K from the sale then my X-Husband would have to pay me the balance in $1000/mo incriments. The home has remained in both of our names but with the declining property values and my need to stay in the home longer than planned because of that, we have decided that it would be acceptable to both of us for me to refinance the home thereby removing my X's name from the title and start the $1000/month payment to me. We also had the house appraised and based on the appraisal we have agreed that after giving him credit for what would have been realtor fees and any other repairs, ect that the amount he will owe me is $185K. Is there anyway to write this up and have it added to our now finalized divorce as an addendum so that the lender I am working with can see that it is a legal agreement and part of the divorce?

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