Property distrubtion after divorce settlement


#1

I have a property that was not settled in the divorce. My ex husband refused to sign the property over to me like he agreed to do. He is still on the deed and mortgage. I have paid the mortgage for the last 8 years and my ex husband is currently trespassed from my house. He states he has hired a realtor to represent his portion of the house and get the fair market value of the house.He now wants a profit from the property, is he entitled to a share of the house?


#2

Assuming that an absolute divorce has been granted and there is no equitable distribution court order or separation agreement addressing this piece of property, then yes, he would likely still have an interest in the property since it was never divided before the divorce was finalized and because his name is still on the deed.

If there is an equitable distribution court order or a separation agreement addressing the division of the property and he did not follow the terms, then you may be able to file a contempt motion or a breach of contract lawsuit to enforce the terms.