What is the name of your state (only U.S. law)? TX
I stumbled across this site while doing some research. My question relates to changing the payment terms of the division of property after after 9+ years.
I was divorced in 1999. At that time we agreed on the value of various property and related payment terms. I have paid my ex $375,000 and have two remaining payments of $12,500 due in January, 2009 and April, 2009.
We agreed that one particular piece of property had $30,000 in equity and the ex was to get $15,000 "when the property is sold". Obviously, I have not sold the property.
The ex has now retained an attorney and I received a letter stating that they want their $15,000 plus interest. We both knew of the wording and terms relating to this particular piece of property. The property and terms are specifically stated in the decree. The letter also states that they might have a case as to the agreed upon equity in 1999. They have threatened to sue to modify the decree unless I agree to sign a promissory note and begin making payments after my 4/15/2009 final payment. They also state that they should have a lien on the property. After the divorce was final, my ex signed over the property to me via a "special warranty deed" which is on file at the county courthouse.
Do they really stand a chance of getting a judge to say this needs to be changed and I should begin making payments with interest computed back to 1999? Also, what about changing the agreed to value of this property at the time of divorce? Can they get a lien on the property for this?
I am not looking forward to spending $'s contesting this, because of the "cost/benefit". But I might do it out of spite and because that is what we agreed to.
P.S. I do have an appointment with a family law attorney next week but am looking for some advice or information prior to my meeting regarding modifying a divorce decreee after such a long time and changing the payment terms.
Sorry for the long post and thanks for any help.
I stumbled across this site while doing some research. My question relates to changing the payment terms of the division of property after after 9+ years.
I was divorced in 1999. At that time we agreed on the value of various property and related payment terms. I have paid my ex $375,000 and have two remaining payments of $12,500 due in January, 2009 and April, 2009.
We agreed that one particular piece of property had $30,000 in equity and the ex was to get $15,000 "when the property is sold". Obviously, I have not sold the property.
The ex has now retained an attorney and I received a letter stating that they want their $15,000 plus interest. We both knew of the wording and terms relating to this particular piece of property. The property and terms are specifically stated in the decree. The letter also states that they might have a case as to the agreed upon equity in 1999. They have threatened to sue to modify the decree unless I agree to sign a promissory note and begin making payments after my 4/15/2009 final payment. They also state that they should have a lien on the property. After the divorce was final, my ex signed over the property to me via a "special warranty deed" which is on file at the county courthouse.
Do they really stand a chance of getting a judge to say this needs to be changed and I should begin making payments with interest computed back to 1999? Also, what about changing the agreed to value of this property at the time of divorce? Can they get a lien on the property for this?
I am not looking forward to spending $'s contesting this, because of the "cost/benefit". But I might do it out of spite and because that is what we agreed to.
P.S. I do have an appointment with a family law attorney next week but am looking for some advice or information prior to my meeting regarding modifying a divorce decreee after such a long time and changing the payment terms.
Sorry for the long post and thanks for any help.