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For Richer, not Poorer: forcing Ex to refi or sell to pay money owed
August 5, 2014 8:59 PM   Subscribe

Basically, he needs to pony up $23k a year ago and it doesn't look like he has any intention of doing so.

In their divorce, my girlfriend's ex-husband retained the family home: a mobile w/land. He had three years to refinance the property and cash her out. If, at the end of three years, he was unable to refinance, he was then to place the property on the market to sell and cash her out from the proceeds. He is now a year and a half past the three year mark.

Understandably, she would like to be removed from the mortgage and have the funds in hopes of buying her own home which is impossible at the current time.

Is this a lawyer-necessary issue? Financing a lawyer may become a concern if this is a lengthy process but consulting with a lawyer is a very real possibility to get an idea of what's involved. Can he be sued for the expense?

This is in Washington State... and if anyone has divorce lawyer recommendations for the Lynnwood/Everett/Marysville area, they would be greatly appreciated!
posted by Mysterious Trousers to Law & Government (7 answers total) 1 user marked this as a favorite
 
The divorce decree and/or statute likely contain consequences and enforcement procedures to implement if the court's orders aren't followed.

Your girlfriend may not need to hire a lawyer to do this for her, but she should definitely have a consultation (or a few) to determine what the consequences are and what to do next.
posted by freshwater at 9:02 PM on August 5 [1 favorite]


A lawyer should be a free consultation, and this seems to be the sort of thing that lawyers are for.
posted by jenkinsEar at 9:03 PM on August 5 [1 favorite]


Sometimes the threat of a lawyer is as effective as actually getting a lawyer. She could start by send him a certified letter reminding him of his obligation.
posted by myselfasme at 9:12 PM on August 5 [1 favorite]


Yes, first send a registered letter. She has an entitlement to the money but she has not exercised that entitlement which can be used against her. I don't agree that she may not need a lawyer, she has not been proactive in the past about defending her entitlement and the legal system can be complicated to outsiders. For $23,000, it would be worth the lawyer fees, even if she is not awarded costs (basically, the judge makes the ex pay her legal bills).
posted by saucysault at 9:34 PM on August 5 [2 favorites]


I would sell a car, or get a second job, or whatever it took to afford a lawyer. This could get fairly complicated, especially if he's difficult or has a lawyer himself.
posted by Pogo_Fuzzybutt at 7:29 AM on August 6 [2 favorites]


I'd do a consultation with a lawyer.

It's possible that she can put a lien on the property or garnish his wages to get payment.

There are options, but a lawyer will be in the best position to recommend the next course of action.
posted by Ruthless Bunny at 7:43 AM on August 6 [1 favorite]


Lawyer. Specifically, a collections/creditor's rights lawyer. This is a collections matter, not a family law matter, since she already has a judgment against the ex and the divorce is finalized.
posted by Safiya at 8:19 AM on August 6 [1 favorite]


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