Legal Question in Family Law in Minnesota

I was divorced last fall, part of the decree states that I sell our residence and split whatever profit there is equally. We had a written and notirized agreement which I added to my petition, where my ex agreed to me keeping the house in exchange for me giving up my right to any money she received from a work comp case, she had pending at the time. The judge rejected that agreement, her work comp case settled after she moved out but before the divorce was final, her settlement amount most likely exceeded what she will receive from the sale of the home, especially considering today's soft real estate market.

My question is this: Would it be legal for me to offer and for her to accept a cash settlement in leu of selling and splitting the proceeds? It would not be a large amount offered, maybe around a $1,000, but is the most I can afford at this time. It is my understanding that she is currently desperate for cash and while I do not want to seem like a vulture, I think that she may accept this if it is offered to her.

Thank you for your time and your response to this answer.


Asked on 2/12/10, 2:23 pm

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

You may always modify your decree with a Stipulation and Order that can be drafted and filed. However, it must be approved by a court and it must be equitable. If there is significant equity in the home, there would seem to be little i9ncentive for your ex to settle for $1000.

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Answered on 2/22/10, 9:31 am


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