No final divorce

[softy515]

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

I have been separated from my husband for 4 years now. Our agreement states I get $10,000 total, no other assets. He claims he needs to refinance our house (which he has maintained and lived in, I moved elsewhere). Four years later, he still hasn't refinanced or come up with the $10,000 to get this divorce final. Honestly, I am getting a bit annoyed. Is there any legal action that I can take to make him do this? I would like to make the divorce final and remove my name from the home mortgage and deed.

Thank you in advance.

 

[Zigner]

Maybe it's time YOU took the bull by the horns...

 

[softy515]

How so? Let the $10,000 go? That is a small amount, I left his retirement alone, his expensive toys..... just wanted a small portion based on what I put into the house while we were married.

 

[Zigner]

Why are you relying on HIM to proceed with the divorce?

 

[Silverplum]

Maybe it's time YOU took the bull by the horns...

Here's info for one PA county, Lancaster: http://www.co.lancaster.pa.us/lanco/cwp/view.asp?A=555&Q=411547 -- if that's not your county, google yours and start making your divorce happen. To do it yourself, you must do a lot of reading!

 

[softy515]

Ok, I understand I can proceed with the divorce but how can I push to get the $10,000?

Thank you for the link..... I will be doing a lot of reading in the next few days.

 

[wavehopper27]

Perhaps tell him that if he does not uphold his end of the agreement, you will move to have the agreement thrown out and you will ask the court for half of ALL marital assets including any retirement savings he has. The possibility of him having to pay more might just get the ball rolling on payment. Whether or not the court would actually grant such a motion is an entirely different matter but the thought just might spook him enough to act.

 

[Ohiogal]

Perhaps tell him that if he does not uphold his end of the agreement, you will move to have the agreement thrown out and you will ask the court for half of ALL marital assets including any retirement savings he has. The possibility of him having to pay more might just get the ball rolling on payment. Whether or not the court would actually grant such a motion is an entirely different matter but the thought just might spook him enough to act.

How do you know he is NOT upholding his agreement? Overturning the agreement because he hasn't refinanced? Ummm, that is not how it works.

 

[wavehopper27]

All I was trying to suggest is that if he were presented with the POSSIBILITY, however remote it may be, that he could end up paying alot more than just $10,000, it might just light a fire under him. According to the OP, the $10,000 payment is in addition to refinancing the house. It's been 4 years already. Just how long do you expect her to continue waiting? I understand that refinancing a house in today's market is difficult so how long should her credit be tied up? Half that house is hers. She could ask that he pay her rent for the continued use of her half of the house.

 

[TinkerBelleLuvr]

Was there a time limit specified in the original court order? If not, you can go back to court and specify one.

 

[softy515]

I'm sorry, must have worded things wrong. He needs to refinance the house to get the $10,000. I don't really care if he refinances or not, just want the 10,000 so I can be legally divorced.

 

[wavehopper27]

Is there enough equity in the house for him to refinance and pull out $10,000 to give you?

 

[Ohiogal]

I'm sorry, must have worded things wrong. He needs to refinance the house to get the $10,000. I don't really care if he refinances or not, just want the 10,000 so I can be legally divorced.

The 10,000 payment will NOT legally divorce you. You need a divorce decree from a judge to be legally divorced. Him finishing everything in the separation agreement does NOT legally divorce you from him.

 

[Zigner]

How was the conclusion reached that there are ANY court orders? It's loosely implied - but something doesn't seem quite...right.

 

[Ohiogal]

How was the conclusion reached that there are ANY court orders? It's loosely implied - but something doesn't seem quite...right.

Good point.