Contempt years after Quit Claim

[KC_911]

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

Ex and I divorced in August 0f 2009. Divorce Decree states home “shall be placed on the market for sale on or before April 15th, 2010 and the net proceeds therefrom divided equally between the parties.”
The home was put on the market prior to April 15th but after 6 months did not sale. The Ex wanted me to buy her out of her half of the equity because she was facing bankruptcy. Because of the housing crash the value of the home was much less than she anticipated. I had the home appraised and showed her the appraised amount of the house compared to what we owed and I gave her an amount equal to half of the equity in the home. She signed a quit claim deed that states ‘Grantor acknowledges payment in full and satisfaction of one half equity in aforementioned property concerning case no. ####-#######, and releases any and all interest in subject property.’
Ex has filed a Show Cause Motion for Contempt of Court because I never sold the home. The home values have gone up a lot since then and she wants the equity. She says in the motion the amount I gave her was pre-payment for her half of the equity when I sold the home. With the wording of the quit claim deed and an appraisal showing the amount I gave her was half of the equity at the time does she have a case?

 

[Zigner]

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

Ex and I divorced in August 0f 2009. Divorce Decree states home “shall be placed on the market for sale on or before April 15th, 2010 and the net proceeds therefrom divided equally between the parties.”
The home was put on the market prior to April 15th but after 6 months did not sale. The Ex wanted me to buy her out of her half of the equity because she was facing bankruptcy. Because of the housing crash the value of the home was much less than she anticipated. I had the home appraised and showed her the appraised amount of the house compared to what we owed and I gave her an amount equal to half of the equity in the home. She signed a quit claim deed that states ‘Grantor acknowledges payment in full and satisfaction of one half equity in aforementioned property concerning case no. ####-#######, and releases any and all interest in subject property.’
Ex has filed a Show Cause Motion for Contempt of Court because I never sold the home. The home values have gone up a lot since then and she wants the equity. She says in the motion the amount I gave her was pre-payment for her half of the equity when I sold the home. With the wording of the quit claim deed and an appraisal showing the amount I gave her was half of the equity at the time does she have a case?

You need to speak with an attorney.

 

[LdiJ]

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

Ex and I divorced in August 0f 2009. Divorce Decree states home “shall be placed on the market for sale on or before April 15th, 2010 and the net proceeds therefrom divided equally between the parties.”
The home was put on the market prior to April 15th but after 6 months did not sale. The Ex wanted me to buy her out of her half of the equity because she was facing bankruptcy. Because of the housing crash the value of the home was much less than she anticipated. I had the home appraised and showed her the appraised amount of the house compared to what we owed and I gave her an amount equal to half of the equity in the home. She signed a quit claim deed that states ‘Grantor acknowledges payment in full and satisfaction of one half equity in aforementioned property concerning case no. ####-#######, and releases any and all interest in subject property.’
Ex has filed a Show Cause Motion for Contempt of Court because I never sold the home. The home values have gone up a lot since then and she wants the equity. She says in the motion the amount I gave her was pre-payment for her half of the equity when I sold the home. With the wording of the quit claim deed and an appraisal showing the amount I gave her was half of the equity at the time does she have a case?

She has a case for contempt for not selling the home, particularly if she remains on the mortgage. I do not see how she could win a case for receiving additional equity. There was nothing ambiguous about the quit claim deed.

 

[Bali Hai]

You need to speak with an attorney.

That's correct and she needs an attorney MORE.

 

[Bali Hai]

She has a case for contempt for not selling the home, particularly if she remains on the mortgage. I do not see how she could win a case for receiving additional equity. There was nothing ambiguous about the quit claim deed.

She accepted a buyout and signed over her interest in the property. Now she wants you to sell your property? The dumbest judge on the bench would have to see that.

 

[KC_911]

She has a case for contempt for not selling the home, particularly if she remains on the mortgage. I do not see how she could win a case for receiving additional equity. There was nothing ambiguous about the quit claim deed.

I refinanced the home taking her name off of it a few days after I gave her a check and she signed the Quit Claim Deed. When I refinanced the title company originally said I would need to have the Divorce Decree amended but then they drafted the Quit Claim deed with the specific wording that references the case and said that would suffice. What would the court finding me in contempt do for her if she wouldn't be able to receive additional equity? I cant see where a judge would find it in the best interest of our children to make me sell the home and uproot my family including two of our kids if it weren't to give her additional equity.

 

[Bali Hai]

I refinanced the home taking her name off of it a few days after I gave her a check and she signed the Quit Claim Deed. When I refinanced the title company originally said I would need to have the Divorce Decree amended but then they drafted the Quit Claim deed with the specific wording that references the case and said that would suffice. What would the court finding me in contempt do for her if she wouldn't be able to receive additional equity? I cant see where a judge would find it in the best interest of our children to make me sell the home and uproot my family including two of our kids if it weren't to give her additional equity.

This isn't about the best interest of the children with her. It's about money. You would not have heard from her at all except for the fact that the real estate market has come back. She thinks it has peaked and wants to bleed you before the next bubble burst.

 

[LdiJ]

I refinanced the home taking her name off of it a few days after I gave her a check and she signed the Quit Claim Deed. When I refinanced the title company originally said I would need to have the Divorce Decree amended but then they drafted the Quit Claim deed with the specific wording that references the case and said that would suffice. What would the court finding me in contempt do for her if she wouldn't be able to receive additional equity? I cant see where a judge would find it in the best interest of our children to make me sell the home and uproot my family including two of our kids if it weren't to give her additional equity.

Oh heck, in that case she has absolutely NOTHING. She got the equity that she wanted (based on the fact that she signed the quit claim deed) and she is no longer responsible for the mortgage, so she has absolutely NO basis for this contempt case. I hope you have an attorney because this should be ended quite quickly with one, but I would not recommend handling it without one.

 

[Bali Hai]

Oh heck, in that case she has absolutely NOTHING. She got the equity that she wanted (based on the fact that she signed the quit claim deed) and she is no longer responsible for the mortgage, so she has absolutely NO basis for this contempt case. I hope you have an attorney because this should be ended quite quickly with one, but I would not recommend handling it without one.

I get it. It's a slam dunk, only if an attorney collects money. There is a lot of accusations circulating the globe about justice systems in so called third world countries, ie Indonesia where eight confessed drug smugglers were just recently executed by Indonesian law. The reality is that corruption exists in every country worldwide.

If this OP can't get justice in this case without paying a bloodsucking lawyer here in the US, we are no different than any other country on the planet.

 

[KC_911]

She has an attorney so I feel compelled to have one for this as well even though it appears to be a 'slam dunk'. I'll spend the money to help protect my home and hope that the judge will see this as a frivolous motion and order her to pay my attorney fees. This judge already hit her with attorney fees back in November for other motions but unfortunately that hasn't deterred her and she just ignored the order to pay. Thanks for the advice/opinions, I will update after the Show Cause hearing in June.

 

[Bali Hai]

She has an attorney so I feel compelled to have one for this as well even though it appears to be a 'slam dunk'. I'll spend the money to help protect my home and hope that the judge will see this as a frivolous motion and order her to pay my attorney fees. This judge already hit her with attorney fees back in November for other motions but unfortunately that hasn't deterred her and she just ignored the order to pay. Thanks for the advice/opinions, I will update after the Show Cause hearing in June.

Make sure you let the court know that she flouted the previous judgement ordering her to pay your attorney fees.

 

[KC_911]

Well I was never served so the Show Cause hearing did not take place. We were at the court anyway because of a scheduled Case Management Conference. The judge did ask about the Contempt and each of us briefly told our side. The judge said he would take this and the Motion to Modify parenting plan/support all up on the same court date assuming I have been served.

My attorney is thinking we could go after my ex for fraud since she is trying to deceive the courts for financial gain. Is this a path I should consider?

 

[Zigner]

My attorney is thinking we could go after my ex for fraud since she is trying to deceive the courts for financial gain. Is this a path I should consider?

You should be asking your attorney, not us. Really.

 

[KC_911]

You should be asking your attorney, not us. Really.

My attorney is the one that brought it up so I know her opinion. I was hoping for second opinions as I'm sure my attorney can find all kinds of things for me to spend my money pursuing.

 

[LdiJ]

My attorney is the one that brought it up so I know her opinion. I was hoping for second opinions as I'm sure my attorney can find all kinds of things for me to spend my money pursuing.

You have children with her correct? Do you really want to do that to your children? I am doubting that it was truly fraud on her part, I think it seems more like ignorance, mixed with a little bad faith maybe. If she truly knew she had no case, then she would have known it would fail.