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  1. #1
    Join Date
    Oct 2008
    Posts
    1

    Default Purchase of Home Per Divorce Agreement

    My question involves divorce in the State of: CA

    Under the terms of our divorce agreement my ex was to sell me one of his properties for a stated price of $329k, equity gift me $65800, leaving me with a purchase price of $263,200. The terms specified were that escrow was to close within 45 days of signing this stipulation for judgement. He was also suppose to pay me $5,000.00 (that I needed for closing costs) and reimburse me 1/2 of our daughters medical ins.

    My ex said that he would provide the purchase agreement and that no realtors would be utilized. He never provided me with a purchase agreement. I provided him with two that he wouldn't sign. While I was doing my due diligence to purchase this home I opened escrow, obtained loan approval and an appraisal. The appraisal came back at $280k. I offered to my ex that I would incur the equity gift loss and lower the stated price to $280k to match the appraisal and keep the loan amount the same. He delayed matters, did not provide the $5k until months after he was suppose to and is now trying to have me evicted from this home (which is where my children and I live)because he says that I broke the divorce agreement by not closing escrow within the 45 day period. He has also not reimbursed me to date with any of our childs medical ins.

    I have spent over $40k on attorney's fees and now broke my attorney released himself from record after the divorce was entered in as judgement. I'm trying to figure out if I have a chance in court , representing myself, to force him to sell me this property since he contributed to my inability to close escrow within the specified time period.

    Any info or opinions would be greatly appreciated. Thanks very much.

  2. #2
    Join Date
    Jan 2008
    Posts
    1,948

    Arrow Re: Purchase of Home Per Divorce Agreement

    Opinion only - not based on legal knowledge...
    I do not think it is fair that you agreed to a specific price on the house and then later wanted a lower price. I understand that this reduced your "equity gift" but it is not your X's fault that the property value went down. Wait another few months and it will be lower again - heck - wait a few weeks... Sucks - I know - but I just don't think it is fair.

    It is also unfair that you could be evicted. Did he give you legal notice? Where does he think his kids are going to live?

    If you go to the court house they have a family law facilitator available to help you fill out forms, etc. This is free of charge. It sounds like your X is in contempt of the court order in which he was supposed to complete the sale within 45 days. The judge can make sure the order is enforced but you DO need legal help to file the paperwork. Best of luck!

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