Selling the house after 6 years of being divorced


#1

How is the document worded? Does it say age 19, or when she gets married, whichever comes first? If it simply says age 19, then I would guess no, unless you want to file a motion asking for a change in judgment–you might just get it if your daughter was the reason the sale of the house was postponed. As far as the items that were never given to you, why are you waiting six years to get them when a sherriff would have helped you execute the order? A court will likely say you really don’t care about them because you never went to go get them. Finally, if she owes you medical expenses that you paid, and it was part of the order that she pay you for them, then she is in contempt of the order and you can file a motion along those lines.


#2

Dear confused39:

Greetings. No, it sounds like the separation agreement is specific as to your daughter’s age, not her living with your ex. Yes, you should still be able to obtain the medical expenses.

I don’t know about the personal property - you will probably only be able to get the actual property. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#3

My divorce papers state that when my daughter turns 19 the house that my now ex lives in with her husband of 6 years, will be placed on the market for sale. Well, my daughter has moved out with her b/f and is planning on getting married in 2006. Can I go ahead and file for the sale of the house after my daughter gets married? And how will a court put a value on the items that I never got from that house that were listed in the papers to be given to me? Can I also, get my ex’s $ that she still owes me for medical expenses from this year 2005, (50/50) in the same motion? I am ready for all of this to be over for GOOD.