Legal Question in Family Law in New York
Amendment to Judgement of Divorce
On 06/00 my x and I verbally agreed in court all items related to equitable distrubution. At that time the equity in the house was valued at 60,000.00. My x agreed to buy me out. The judgment of Divorce was signed by the judge on 08/01. Well, she has not bought me out to this date. I have a upcoming court date to address this matter. Currently, the value of the marital home has increased 10x fold, will the court allow for a current valuation of the home to be used in recalculating my equitable distrubution?
2 Answers from Attorneys
Re: Amendment to Judgement of Divorce
The house went up in value from $60,000 to $600,000 between June 2000 and December 2001?
This is an extraordinary increase in a year and half. Sounds too good to be true to me.
Why did it take from 6/2000 to 8/01 to get the judgment signed? That is not a typical time period.
You may wish to consider having the judgment modified to provide for a sale, with a 50 / 50 split. If need be, have a receiver appointed to sell the house. IF your nubmers are credible, you may wish to offer to buy her out.
If you wish a second opinion, please call me to schedule a confidential attorney / client consultation:
(516) 741-7799
Too good to be true?
Value went up ten times?! Unfortunately the possibility of nmodifing judgment is low normally, but with this change in circumstance and the failure of your wife to confrom to judgment you have a shot.
Come in with at least an apprasel letter from a real estate agent and a request for sale or revaluation.
If you no longer have an attorney you need one now!