Property Dispute

[Tonystar1]

What is the name of your state? Nevada:

Asking for a friend: Her divorce decree of five years ago stated that she was to keep the house, pay her former spouse 3K, have it re-financed within 18 months. He was also directed to sign a quit-claim deed over to her. He did not sign the quit claim deed, and made no efforts in the re-financing. Now, five years later he says that he will sign the quit claim deed--for 1/2 the equity of the house. She had a refi pending, her attorney on vacation said to wait until she finished her time off. Now, with a hearing coming up in two weeks, her original divorce attorney is back from vacation, looks at the case and says there is not enough time to prepare. My friend was coming up with the money to pay for her legal fees.

Can my friend and I file a motion to delay the hearing so that she may prepare better and find an attorney.

Would anyone like to comment on this?

thanks,

Tony

[BelizeBreeze]

Let her attorney file the motion. then ask your 'friend' why, in the 5 years this has been hanging over her head, has she NOT filed contempt orders against her ex for not signing the quit-claim and why she did not refinance in that time?

This is her own mess. She needs to get serious about cleaning it up.

[stealth2]

For starters, you have no role in this. YOU cannot file anything with her/for her/etc unless you are an attorney licensed to practice in her state. She can file for a continuance and see what happens.

(edit) BB and I posted at the same time and I was just coming back to ask the same question. Why did SHE not refinance in the 18 mos she was allowed? She's also in contempt. He wasn't required to do anything about refinancing - she was.

[Tonystar1]

Nevada:

Thanks to both of you for responding. As I understand it, he did not co-operate with her when she attempted a re-fi around the time of the settlement.

This lady is a school teacher, she was a member of a church ministry I run that deals with grief. She came to the group after the death of her fiance; that took place about two years ago. I don't have an answer why she didn't file contempt at that time, perhaps in an effort to get along and not let the divorce affect her three boys as much as it could have. Also the death of her fiance devastated her.

I will pass on your advice. Thanks again...

Tony