Divorce decree requirements

[Sarah97836]

I live in Oregon. My divorced was finalized on Dec. 29, 2008. In the decree it states that my ex-husband is to give me half of what our house is worth, plus 9 percent. Our house is paid for, nothing is owed. It states that he has one year to do this. What can I do if he doesn't abide by what is in the decree. This was an uncontested divorce. He did not get a lawyer, only I did.

 

[LdiJ]

I live in Oregon. My divorced was finalized on Dec. 29, 2008. In the decree it states that my ex-husband is to give me half of what our house is worth, plus 9 percent. Our house is paid for, nothing is owed. It states that he has one year to do this. What can I do if he doesn't abide by what is in the decree. This was an uncontested divorce. He did not get a lawyer, only I did.

If he doesn't do it, then you get your attorney involved and file for contempt.

 

[nextwife]

How are you deciding what it's worth? I run values for a bank, and I need to use at least three different sources, then average them, because so many means of valuation are now totally inaccurate. Especially Assessor values. Those are virtually useless.

 

[Sarah97836]

I told my lawyer what we bought it for and it was determined by that. But now there is a lean on the house by the Oregon Dept of Revenue because my husband wouldn't pay his taxes. I have filed an Innocent Spousal Relief form through the IRS and they gave me partial relief, but the lean is still on the house. It also states in the divorce decree that he is to pay all of the taxes out of his mutual fund account, which he hasn't done either. He does have a year to do all of these things. The year is up in December. Do I have an legal recourse against him? I don't want to have to pay another lawyer to make him comply, I have already paid my divorce lawyer over $3,000. I am strapped for cash, he doesn't pay child support. Is anything that he is doing legal?

 

[mistoffolees]

I told my lawyer what we bought it for and it was determined by that. But now there is a lean on the house by the Oregon Dept of Revenue because my husband wouldn't pay his taxes. I have filed an Innocent Spousal Relief form through the IRS and they gave me partial relief, but the lean is still on the house. It also states in the divorce decree that he is to pay all of the taxes out of his mutual fund account, which he hasn't done either. He does have a year to do all of these things. The year is up in December. Do I have an legal recourse against him? I don't want to have to pay another lawyer to make him comply, I have already paid my divorce lawyer over $3,000. I am strapped for cash, he doesn't pay child support. Is anything that he is doing legal?

Sorry, but there's no way to determine what a house is worth by simply knowing what was paid for it unless it was purchased a few months ago or less. You'll need a qualified appraisal (or, preferably, several).

If he has a year to do those things, then there's nothing for you to do until that year is up.

Child support is a different issue. If the court ordered child support and he is not paying, contact your state office for child support collection. If there is no order for child support, you'll have to file with the court to get an order for support.

 

[nextwife]

I told my lawyer what we bought it for and it was determined by that.

FYI- What one paid has no relationship to what a current market value may be.

There is a LIEN, not a lean.
It can be paid from his half of the house. Is it agreed he has up to one year to refi and/or sell to pay you off? If he sells or refis, don't be surprised if the "value" in the marketplace is a totally different number than the fantasy figure you and your lawyers cooked up.