Legal Question in Family Law in Maryland
My divorce was final in Maryland in 2007. My ex-husband chose to buy me out of our marital home. He has paid me a portion of what he owes me, however he still owes me the balance. Our agreement was that he would pay me the balance within one year (by June, 2008). This is defined in our divorce settlement. When he did not the balance, I had him sign a promisory note where he agreed to pay me by June, 2009. He still has not paid me. He still lives in the property. Is there a statute of limitations in this matter?
2 Answers from Attorneys
You do not have a statue of limitations issue at this point, but you do need to decide whether and how you want to proceed to collect. You have multiple options available, depending on the terms of your agreement, whether the agreement regarding the house was incorporated into your judgment of divorce, and depending on the terms of the promissory note. You certainly have a breach of contract remedy. You may have the ability to bring an action for enforcement of the judgment. You may have the option of a civil contempt action. Finally, depending on the terms of your Agreement and/or the promissory note, you may be entitled to recover your legal fees and expenses and/or interest on the unpaid balance. You should meet with counsel and have the attorney review all of these documents (the Agreement, the judgment, and the promissory note).
You need to consider obtaining a judgment on the matter. There are several ways to accomplish this objective. Collection is another matter and we can discuss. Contact me.
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