Legal Question in Family Law in Kentucky

In my settlement agreement with my ex, he bought me out on my part of the house in exhange I get half of the equity. He stopped making house payments for 4 months and has now went to refinace his amount owed. when the appraisal came out to evaulate, the ex told him to not include the privacy fence, above ground pool and the shed, because he sold it, and it has not been removed from the property yet. Is the contents considered real property and is this legal?


Asked on 1/21/11, 12:45 am

1 Answer from Attorneys

Gregory Napier Troutman & Napier, PLLC

This is actually a real property question rather than family law, but the privacy fence is a "fixture" part of the real estate now. The shed and above ground pool are most likely fixtures also but that is not as clear cut. Regardless, if the valuation is based on lies, then it can potentially come back to haunt him later.

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Answered on 1/26/11, 7:40 am


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