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How to Enforce a Home Buyout Provision in a Divorce Judgment

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  • 02-05-2016, 02:24 PM
    Dylan_Albert11
    How to Enforce a Home Buyout Provision in a Divorce Judgment
    My question involves court procedures for the state of: Oklahoma

    My wife and I recently got a divorce (approx 1 year ago) and she was ordered to pay me $40,000 for my half of the house. She is refusing to pay and will not answer any calls I try to make over there to discuss the situation. Her lawyer only responds with the fact that they are having trouble refinancing the house. I am not currently in a financial situation to get an attorney to try to get the money. What steps can I legally take to get her to pay me?
  • 02-05-2016, 02:47 PM
    llworking
    Re: Divorce Judgement - Won't Pay
    Quote:

    Quoting Dylan_Albert11
    View Post
    My question involves court procedures for the state of: Oklahoma

    My wife and I recently got a divorce (approx 1 year ago) and she was ordered to pay me $40,000 for my half of the house. She is refusing to pay and will not answer any calls I try to make over there to discuss the situation. Her lawyer only responds with the fact that they are having trouble refinancing the house. I am not currently in a financial situation to get an attorney to try to get the money. What steps can I legally take to get her to pay me?

    Does she have 40k laying around that can be used to pay you? If she cannot refinance to buy out your share of the equity your only real recourse would be to go to court and try to get the judge to force her to sell the house to pay you off. However, in that instance you might not get 40k...because the house might not sell for enough for 40k to be 1/2 of the proceeds.
  • 02-05-2016, 02:54 PM
    Mr. Knowitall
    Re: Divorce Judgement - Won't Pay
    Quote:

    Quoting Dylan_Albert11
    View Post
    What steps can I legally take to get her to pay me?

    You can ask her to pay. You can commence legal proceedings in the divorce court to attempt to enforce the judgment. I'm not seeing much else.

    Why is she having trouble refinancing? Is it a matter of her having insufficient income to get the loan?
    Quote:

    Quoting llworking
    View Post
    However, in that instance you might not get 40k...because the house might not sell for enough for 40k to be 1/2 of the proceeds.

    It sounds like the judgment requires the ex- to pay $40K, and awards the home to her. If that's the case, even if she sells the house and recovers equity of less than the (likely) $80,000 estimated at the time of divorce, or even if she recovers little to no equity, she would still owe the full $40,000. Of course, that only bring us back to the first question -- she can only pay the money if she in fact has the money.
  • 02-05-2016, 04:24 PM
    llworking
    Re: Divorce Judgement - Won't Pay
    Quote:

    Quoting Mr. Knowitall
    View Post
    You can ask her to pay. You can commence legal proceedings in the divorce court to attempt to enforce the judgment. I'm not seeing much else.

    Why is she having trouble refinancing? Is it a matter of her having insufficient income to get the loan?

    It sounds like the judgment requires the ex- to pay $40K, and awards the home to her. If that's the case, even if she sells the house and recovers equity of less than the (likely) $80,000 estimated at the time of divorce, or even if she recovers little to no equity, she would still owe the full $40,000. Of course, that only bring us back to the first question -- she can only pay the money if she in fact has the money.

    The flat 40k can be challenged if the court forces her to sell the house.
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