Legal Question in Family Law in New York
Decree in default
In my divorce decree it states that my ex husband is to buy me out of half the equity in the marital residence after the last child graduates. He was to pay the taxes on the property and I the mortgage and insurance (which I have done 5 yrs). The house is to be appraised and then I am to receive a cert. cashiers check for half the equity in the home. He is behind in the taxes and says that the bank will only give me a 9K when there is 44K of equity in the home and I should be receiving at least 20k if not more. He wants me out of the house but can't get the proper amount. Isn't he in default by not paying the taxes as stated on the decree?
3 Answers from Attorneys
Re: Decree in default
He is in default and liable for the difference in the amount you should have received and actually received.
Daniel Clement
Re: Decree in default
This is a difficult situation. The good part is that you have an agreement and you are on the last part of that agreement. The bad part is that almost always someone takes these last details in a divorce situation to make the other person miserable. I am sorry your ex is taking advantage of this, his last shot, to be a jerk.
Please do not become discouraged. You have a variety of options. You can get a court order to have him pay up the taxes and fulfill his other obligations or, if you desire, you can get a court order to put the house on the market now. You may also pay any due monies and require him to reimburse (indemnify) you now as a debtor/creditor judgment or when the house is sold.
You are in the drivers seat here, don't let him think other wise. You can seize his assets, damage his credit, and other things if he does not behave properly.
You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786
Re: Decree in default
It would be wrong for an attorney to answer your question without actually reading the judgment and order of divorce. If your husband is in default, you may want to move for injunctive relief or an adjudication of contempt. Feel free to call me at 212-367-9167 to discuss this further. I do not charge a fee for the initial consultation.
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