My friend and his ex wife just sold their marital property. She was living in it for the last 2 yrs but he was paying her $1575 a month for child support and toward the mortgage. He was just notified that the proceeds of the house went to his ex and he sees nothing. He wasn't behind on support and he was doing the upkeep on the house while she still lived there so it would sell better. He also told her repeatedly that they had to sell it or she had to buy him out and she refused to do that. He was notified yesterday in a letter from his lawyer, he's got to meet with him tomorrow. Just wondering if anyone has ever heard of this and how can it be done without his permission. I've never heard of anything like this. This is New York
:eek:

Well, are they actually divorced? This should have been outlined in the divorce papers. Who gets what.
I would go back to those if he has them.

Was his name on the deed? If it was he had to sign off on the sale. The divorce decree should have specified how the house was to be divided.

Yes, the divorce paper work would have divided the property, who ever it said got the money from the sale is who gets it.

The sale and proceeds of the home should be spelled in minute detail in the Final Settlement Agreement and approved by the Judge at the time of the divorce.

Consult that agreement and you'll get your answers as to who gets what money, when and why if the attorneys had all parties agree to and sign this document properly. You should have been able to properly review this document and make any corrections or additions prior to signing it and having it presented to the Court for approval. That's why it's called a Final Settlement Agreement and is most commonly done when there are children and real estate involved.

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Originally Posted by woodsy1960

My friend and his ex wife just sold their marital property. She was living in it for the last 2 yrs but he was paying her $1575 a month for child support and toward the mortgage. He was just notified that the proceeds of the house went to his ex and he sees nothing. He wasn't behind on support and he was doing the upkeep on the house while she still lived there so it would sell better. He also told her repeatedly that they had to sell it or she had to buy him out and she refused to do that. He was notified yesterday in a letter from his lawyer, he's got to meet with him tomorrow. Just wondering if anyone has ever heard of this and how can it be done without his permission. I've never heard of anything like this. This is New York
:eek:

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Who held title to the property - and the disposition of the property should be covered in the Judgment of Divorce. If he's on the Deed she can't just sell the house out from under him; if he's not - well, it's hers to sell or not sell or whatever.

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Originally Posted by twinkiedooter

The sale and proceeds of the home should be spelled in minute detail in the Final Settlement Agreement and approved by the Judge at the time of the divorce.

Consult that agreement and you'll get your answers as to who gets what money, when and why if the attorneys had all parties agree to and sign this document properly. You should have been able to properly review this document and make any corrections or additions prior to signing it and having it presented to the Court for approval. That's why it's called a Final Settlement Agreement and is most commonly done when there are children and real estate involved.

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In NYS there isn't necessarily a Final Settlement Agreement - there is a Findings of Fact and Conclusions of Law which spells out the history, the children, the property and the Judge's conclusions; then there is a Judgment of Divorce which spells out what the Judge ordered, reviewed by both Attorneys (and parties) to ascertain that they understand and those documents are filed. If there is a Separation Agreement spelling out the terms, then that becomes part of the Judgment.

Obviously varies from State to State -

Yes. Each state calls it something else. I wish they would make up their minds and keep it uniform from state to state!

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Originally Posted by twinkiedooter

Yes. Each state calls it something else. I wish they would make up their minds and keep it uniform from state to state!

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There is a final settlement agreement which is reviewed and can be changed by either party (in Ohio), even if the divorce is disputed and the settlement is Court ordered?

The settlement agreement in Ohio is only filed once both parties have agreed to and signed off on it as they agree to the contents. The only changes the parties can do to the agreement is before it's filed... otherwise it must be modified by court order after the parties petition the court of any necessary changes needed citing the reasons. I've seen them revised and revised until finally everyone agrees to its contents before it finally gets presented to the judge and gets incorporated in the final decree. Don't sign it until you are completely happy with it's contents such as proceeds of real estate sales, child custody, visitation, child support payments, as it takes money and time to get it modified.

His attorney should discuss with him the next step to take getting his portion of the real estate profit. He will probably have to bring this to the judge's attention peitioning the court for a determination of proper distribution of the real estate profit. Her attorney should know better not to do this unless she had the deed in her name to begin with and nothing was mentioned in the settlement agreement to the contrary about any profits being solely the wife's property after the sale of the home.

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Originally Posted by twinkiedooter

The settlement agreement in Ohio is only filed once both parties have agreed to and signed off on it as they agree to the contents. The only changes the parties can do to the agreement is before it's filed....otherwise it must be modified by court order after the parties petition the court of any necessary changes needed citing the reasons. I've seen them revised and revised until finally everyone agrees to its contents before it finally gets presented to the judge and gets incorporated in the final decree. Don't sign it until you are completely happy with it's contents such as proceeds of real estate sales, child custody, visitation, child support payments, as it takes money and time to get it modified.

His attorney should discuss with him the next step to take getting his portion of the real estate profit. He will probably have to bring this to the judge's attention peitioning the court for a determination of proper distribution of the real estate profit. Her attorney should know better not to do this unless she had the deed in her name to begin with and nothing was mentioned in the settlement agreement to the contrary about any profits being solely the wife's property after the sale of the home.

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I don't understand how this is done if the parties do not agree, cannot agree and the Judge issues the order/final decree wihout the parties in agreement.