property dispute

[littlemissy]

What is the name of your state (only U.S. law)? Oklahoma
I have been divorced since 1998 and now remarried. In the divorce I got the house with the mortgage and my ex signed a quit claim deed to sign it over to me. In the divorce papers it says if I ever sell the house that he will get half the profit. It also says he is to pay child support which he hasn't paid in years. Do I have any legal grounds to withhold half of the profits from him?

littlemissyWhat is the name of your state (only U.S. law)? OklahomaWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[Ohiogal]

No. You have no grounds to withhold the profit. What you have is grounds to take him back for contempt for not paying child support and ask that his portion of the profits be awarded to you to cover his arrearages.

 

[LdiJ]

No. You have no grounds to withhold the profit. What you have is grounds to take him back for contempt for not paying child support and ask that his portion of the profits be awarded to you to cover his arrearages.

However, she can temporarily hold the profit, or ask that it be held in an escrow account by either her attorney or the title company, pending the judge's decision.

 

[mistoffolees]

What is the name of your state (only U.S. law)? Oklahoma
I have been divorced since 1998 and now remarried. In the divorce I got the house with the mortgage and my ex signed a quit claim deed to sign it over to me. In the divorce papers it says if I ever sell the house that he will get half the profit. It also says he is to pay child support which he hasn't paid in years. Do I have any legal grounds to withhold half of the profits from him?

littlemissyWhat is the name of your state (only U.S. law)? OklahomaWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

No, you can't withhold the profits, but you can put them into escrow with your attorney until the matter is resolved.

However, you need to see your attorney about this anyway. Something doesn't sound right. You have been paying the mortgage for 10 years, yet he still gets half of the gain from the sale? It's possible that your agreement really works that way (particularly if you didn't have to give him any assets at the time to offset the home value), but that would be a fairly unusual agreement and you want to make sure you understand it, so get your attorney's opinion on exactly what you owe the ex.