Summary Judgement - should I appeal?


#1

I received notice in the mail that our divorce will be official on Nov 4th. But in the judgment, it says “Plantiff (my ex) shows unto the court that there is no genuine issue as to any material fact and that the plantiff is entitled to judgment as a matter of law”.

My ex has YET to sign over the marital house deed to me - which was submitted to his lawyer’s office weeks ago. Could he be stalling in an attempt to not have to sign the deed once this judgment is made official?? We settled out of court months ago with the agreement that he would sign over the marital home and my car. Do I need to show up in court on the 4th to let it be known that he has not adhered to the property distribution?

Thanks!


#2

The divorce will be granted as there is no issue of fact to be decided if you failed to file a responsive pleading which denies the allegations in the Complaint.
If you have am executed separation agreement, the divorce will not affect your right to have the home deeded to you the agreement is enforceable and the divorce does not change that. The divorce is a separate action all together. The judge will grant the divorce only, and will not be reviewing property issues on that day.