He says he won't pay settlement until he wants to??

[unlikethe]

Maryland
Married 14 years. No kids. Owned house together only. I mistakenly signed a separation agreement and settlement of marital property.The house was to be placed up for sale immediately. I agreed to a low, unequitable settlement figure that was to be paid when the house sold. I really wanted to be rid of the guy. Unfortunately, the document did not indicate an exact date that the amount had to be paid out and husband who stayed in the house despite repeatedly indicating in emails(which I saved) that he would sell the house and pay me by certain dates has not placed the house on the market and refuses to pay the settlement. The divorce decree was issued and indicates that he owes me the settlement money but again no date. Judge told both of us that I could force sale of home if necessary. I have called, sent formal letters of demand with deadlines, and he ignores and won't communicate. I finally filed a motion of contempt and asked court to force sale of home, force payment of settlement and for fines, sanctions, jail until he pays etc. We were granted a contempt hearing. His answer to the court indicates he knows he owes but that since no date is indicated that he never has to pay. What are my chances? He created that document and never had any good intentions.What is the name of your state (only U.S. law)?

 

[mistoffolees]

If the judge already told you that you could force the sale of the home, then you probably don't have too much to worry about.

When was the court order signed?

I'm not 100% sure, but I believe the relevant standard would be reasonableness. How long would a reasonable person be expected to wait for his money? If it has been 3 months, then your case is fairly weak (although you could probably still get the judge to assign a date). If it has been 3 years, your case is much stronger - and you could probably even ask for interest.

 

[LdiJ]

Maryland
Married 14 years. No kids. Owned house together only. I mistakenly signed a separation agreement and settlement of marital property.The house was to be placed up for sale immediately. I agreed to a low, unequitable settlement figure that was to be paid when the house sold. I really wanted to be rid of the guy. Unfortunately, the document did not indicate an exact date that the amount had to be paid out and husband who stayed in the house despite repeatedly indicating in emails(which I saved) that he would sell the house and pay me by certain dates has not placed the house on the market and refuses to pay the settlement. The divorce decree was issued and indicates that he owes me the settlement money but again no date. Judge told both of us that I could force sale of home if necessary. I have called, sent formal letters of demand with deadlines, and he ignores and won't communicate. I finally filed a motion of contempt and asked court to force sale of home, force payment of settlement and for fines, sanctions, jail until he pays etc. We were granted a contempt hearing. His answer to the court indicates he knows he owes but that since no date is indicated that he never has to pay. What are my chances? He created that document and never had any good intentions.What is the name of your state (only U.S. law)?

Re the bolded...did he actually put that in writing?...that he never has to pay because there was no date indicated? If so, he has likely made your case for you and he will get slammed by the judge.

 

[unlikethe]

Divorce Decree was granted in Nov. 2010. House was supposed to go up for sale in 2009. His emails indicate that he would pay the settlement by summer 2010. He can keep the house as long as he refinances and gets my name off. He has half million in his retirement and has the ability to pay my settlement easily. Similar House in neighborhood sold in a month's time. The problem with him now is he has had years now to contact a broker and he is arrogantly saying that the missing date loophole will keep him from paying. Thanks for your help. I am hoping all of his written correspondence will have some impact on the case since he convinced me that I would have the settlement well before the divorce wrapped.

 

[unlikethe]

Yes, his answer to the motion of contempt literally says that since there is no deadline indicated that he does not feel that he is in contempt or has to pay.

 

[Ohiogal]

Actually there was a date listed at which time he would have to pay the money:

I mistakenly signed a separation agreement and settlement of marital property.The house was to be placed up for sale immediately. I agreed to a low, unequitable settlement figure that was to be paid when the house sold.

Poorly written contract but she agreed to it so therefore she beleived that that was reasonable.

 

[Ohiogal]

Divorce Decree was granted in Nov. 2010. House was supposed to go up for sale in 2009. His emails indicate that he would pay the settlement by summer 2010. He can keep the house as long as he refinances and gets my name off. He has half million in his retirement and has the ability to pay my settlement easily. Similar House in neighborhood sold in a month's time. The problem with him now is he has had years now to contact a broker and he is arrogantly saying that the missing date loophole will keep him from paying. Thanks for your help. I am hoping all of his written correspondence will have some impact on the case since he convinced me that I would have the settlement well before the divorce wrapped.

The emails do NOT override the separation agreement that you signed which stated he owed the money when the house sold. The judge gave you the answer -- force the sale of the house.

 

[Ohiogal]

Yes, his answer to the motion of contempt literally says that since there is no deadline indicated that he does not feel that he is in contempt or has to pay.

He is not in contempt according to the order (that you agreed to). The house has not sold.

 

[mistoffolees]

Divorce Decree was granted in Nov. 2010. House was supposed to go up for sale in 2009. His emails indicate that he would pay the settlement by summer 2010. He can keep the house as long as he refinances and gets my name off. He has half million in his retirement and has the ability to pay my settlement easily. Similar House in neighborhood sold in a month's time. The problem with him now is he has had years now to contact a broker and he is arrogantly saying that the missing date loophole will keep him from paying. Thanks for your help. I am hoping all of his written correspondence will have some impact on the case since he convinced me that I would have the settlement well before the divorce wrapped.

Given that timeline, it's simple. As OG says, you go to court to force the sale of the house. Or you give ex the option of paying you the money within 15 days or you will force the sale of the house.