Legal Question in Wills and Trusts in Alabama

Hi!

My husband and I finalized our divorce in July of 2006. Both of our names are on the deed to the home, but only mine is on the mortgage (his credit was too bad at the time). In the divorce papers, it states I owe him 1/2 of the home's equity -- $3,800 -- due by July 2009 or when the home sells, whichever comes first. Well, I paid him this amount early (even though the home was not for sale at the time) in 2008, and we both signed a document stating this early payout. The divorce papers also tell me that I will be the sole owner of the home after the marriage is dissolved.

Now, my house is for sale since I have remarried and moved. I had a quitclaim deed drawn up and now he is refusing to sign it. What legal recourse do I have?

Thanks for your help.


Asked on 12/02/09, 2:52 pm

1 Answer from Attorneys
William Nolan Nolan Elder Law LLC

This is a Family Law question, not a probate question.

This will require you to find an attorney who would notify his lawyer or him if he is not represented that the ex is in violation of a court order and he will have to show cause as to why he is in non-compliance. He will have to pay your attorney's fees as well as court costs. Usually the prospect of having to pay costs and your lawyer should be all it takes to get him to sign.

Read more
Answered on 12/07/09, 3:19 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Alabama