Ex Wife looking for payout after 6 Years.

[SOUTHSHOREQX4]

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

here is the situation on hand. Divorced in 2012 House we owned together was about 60k underwater so because neither of us wanted to take a hit we didnt sell. I gave her a payout on 11k that represented her 1/2 interest is the marital assets including the house when we seperated. I had 360 days from the judgement to remove her name from the mortgage or had to sell the house which hasn't gained any value. She had contatcted me 7 months later to ask what was the status of the refi because she was looking to buy another house. I told her no bank is giving me a loan in my current situation. My credit score was shot because she failed to pay the payments on the car she took when she moved out. She said it was ok to keep her name on past the 360 days until I'm able to refi. Fast forward to today; the loan is paid in full and her name is removed for the mortgage and home. she is now coming back saying shes due her share of the house 50%.

I know I didnt complete the removal of her name in the time allotted but was given the ok by her. Now when she sees the house is paid for she is trying to come back and get half!!!??!?!?


What are my options??

 

[eerelations]

Oh I can't wait to see what Bali Hai has to say about this...

 

[single317dad]

Bali's input notwithstanding (which I'm sure would be colorful but less than helpful), your ex-wife isn't entitled to any proceeds of the home beyond that dictated by your final settlement agreement. That said, she may raise a stink about the inconvenience and any financial cost she incurred due to your failure to abide by the letter of the agreement (assuming you don't have written proof of her agreeing to extend the time indefinitely). I'd wager she'll refuse to sign a quit claim until you compensate her in some manner.

 

[not2cleverRed]

Never take legal advice from your ex.

 

[SOUTHSHOREQX4]

Bali's input notwithstanding (which I'm sure would be colorful but less than helpful), your ex-wife isn't entitled to any proceeds of the home beyond that dictated by your final settlement agreement. That said, she may raise a stink about the inconvenience and any financial cost she incurred due to your failure to abide by the letter of the agreement (assuming you don't have written proof of her agreeing to extend the time indefinitely). I'd wager she'll refuse to sign a quit claim until you compensate her in some manner.

I have the FB Message with her saying it was ok that she remains on the mortgage until I'm able to refi. The mortgage is paid off and The deed has already ben signed and exucuted at the county clerks. My lawyer held in in escrow until the satisfaction of mortgage was complete. He then handed it over to me where I inturn filed it in just my name alone.

He sent her lawyer a letter stating that my end of the agreement was met and deed was handed over to me. This is when she came out of the woodwork and started asking for "her share"

 

[Bali Hai]

Bali's input notwithstanding (which I'm sure would be colorful but less than helpful), your ex-wife isn't entitled to any proceeds of the home beyond that dictated by your final settlement agreement. That said, she may raise a stink about the inconvenience and any financial cost she incurred due to your failure to abide by the letter of the agreement (assuming you don't have written proof of her agreeing to extend the time indefinitely). I'd wager she'll refuse to sign a quit claim until you compensate her in some manner.

Fast forward to today; the loan is paid in full and her name is removed for the mortgage and home.


And your less than helpful input is the result of your not reading OP's post in it's entirety or maybe you chose to ignore it?

 

[tuffbrk]

Perhaps she doesn't remember that she was paid her half. A simple accounting of what was paid to her at the time of the divorce and what each amount represented should suffice.

 

[Bali Hai]

Perhaps she doesn't remember that she was paid her half. A simple accounting of what was paid to her at the time of the divorce and what each amount represented should suffice.

Well that would be her problem to deal with and not his. OP appears to be henpecked and goes into a panic every time she cackles.

 

[SOUTHSHOREQX4]

Well that would be her problem to deal with and not his. OP appears to be henpecked and goes into a panic every time she cackles.

Not henpecked....just dont want anymore lawyer fees because she wants to take me to court because she thinks she has a right to something she hasn't contributed to in 6 years.

 

[Bali Hai]

Not henpecked....just dont want anymore lawyer fees because she wants to take me to court because she thinks she has a right to something she hasn't contributed to in 6 years.

If it comes to that, file a cross motion asking the court to order her to pay your attorney fees for her frivolous litigation.

 

[SOUTHSHOREQX4]

So bottom line is she has no leg to stand on? I completed my end by getting her name off the mortgage although it took me longer than agreed upon. I already filed the new Deed transferring ownership solely to me so basically it's a done deal. Nothing else is due to her right?

 

[Bali Hai]

So bottom line is she has no leg to stand on? I completed my end by getting her name off the mortgage although it took me longer than agreed upon. I already filed the new Deed transferring ownership solely to me so basically it's a done deal. Nothing else is due to her right?

If you go to court, the judge will decide. Congratulations on being a mortgage free homeowner.

 

[SOUTHSHOREQX4]

Thanks! I appreciate everyone's advice

 

[single317dad]

Fast forward to today; the loan is paid in full and her name is removed for the mortgage and home.


And your less than helpful input is the result of your not reading OP's post in it's entirety or maybe you chose to ignore it?

OK, I'll give you this one. I read ahead and didn't absorb all the information I was given.

 

[Bali Hai]

OK, I'll give you this one. I read ahead and didn't absorb all the information I was given.

No, you won't give me this one because I'm taking this one.