I was divorced in 2002. Part of the divorce decree was that my ex got to keep the family home but she had to refinance in her name within 1 year and she was to pay me $20,000 for the joint equity in the home. She did try to refinance, but when I seen the paperwork I stopped her. The paperwork she was going to sign would have raised the interest rate on the home to 15%, more than double the 7.25% that she was already paying and she would have lost the home within a year. We than made a verbal agreement that we would wait till our youngest child turned 18 years of age. Once he turned 18, she was to refinance and pay me the $20,000. He turned 18 in 2012 and left the family home to live with me. At the same time, the housing market fell and the value of the home was considerably lower. Not to mention the loss of over $400 per month in child support to my ex. She ended up selling the house on what was called a "short sell". Because my name was still on the original loan, I had to sign off as well. My question is, can I still make a claim against her for the original $20,000?
2 Answers from Attorneys
It sounds like you made some important decisions without input from a lawyer which have likely shut the door on any claim against her.
Any modification of the original Judgement should have been done through a court order. I would need more information in order to evaluate your enforcing the original Judgement.
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