Legal Question in Family Law in California

Marriage Settlement Stipulation and Order
The Stipulation and Order states Husband is to pay Wife $60,000.00 in lieu of spousal support monthly, on or before June 1, 2008, secured by a deed of trust on the property. Husband is just now getting property ready for sale and informed Wife yesterday, May 11, that he does not have the money and will not have until property is sold! This could be months or a year from now! Is Wife entitled to an interest amount on monies owed until paid? What if Husband can't sell and decides to file bankruptcy?? He has ''threatened'' to do this!! What happens to Wife in this case? Should Wife file a lien on Husband before he files for bankruptcy in order to protect herself and this large amount owed? PROMISSORY NOTE clearly states that the note is payable and secured by DEED OF TRUST to the FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, as TRUSTEE. How should I, Wife, proceed? Husband says I have no option but to wait for sale. Can I move back into the house until it sells? Per order, I vacated and turned over possession of the residence May 1, 2007, but that was contingent upon agreement to pay monies June 1, 2008! Do I have the right to move back into house because the money was not paid on time? Please help!

Asked on 5/12/08, 5:31 pm

James Chau Law Offices James Chau

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Re: Marriage Settlement Stipulation and Order

You should consult with an attorney to enforce the order either through contempt or a forced sale of the home.

Please contact an attorney if you have futher questions.

Good luck.

Law Offices of James Chau

181 Devine St.

San Jose, CA. 95110

http://www.JamesChauLaw.com

http://sanjosefamilylawyer.blogspot.com/

Answered on 5/27/08, 6:30 pm

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