Real Estate Sale/ Property Settlement


#1

Rosen handled my Divorce Settlement over 4 years ago. My ex-husband and I reached a Property Settlement Agreement, it was finalized. In the agreement he was to pay me a large sum of money within a year of the signing of the agreement. If some property we owned that was undercontract had been sold the money was to come from that source if not he had a year to pay the money. He has not paid the money and now our home is contracted to sell I signed the real estate agreement to list the property because he said he would pay me out of the proceeds. Now that I have signed a contract to sell the house he has said that he will not pay me but about half the money he ownes me. Is there anyway to have the closing attorney for the property to have the money he owes me deducted from the sale. The amount would be most of the proceeds from the sale, the deed shows both our names on the property.


#2

The closing attorney is not bound by your separation agreement, and therefore cannot allocate the proceeds unequally without the consent of the sellers. You may file a breach of contract action to enforce your agreement and have a judgement entered against him.