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Not following divorce agreement

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itFigures88

Junior Member
What is the name of your state? Florida

I have been divorced for almost two months now. In the settlement, I got the house, and would pay half the equity of the home to the other after an appraisal. The appraisal and who was going to appraise the house was listed in the divorce paperwork.

Now, they are saying the appraisal was to low and got a friend to do another one. Only the original appraiser has entered the home as far as I know, so I am not sure who they did an appraisal unless it was a paperwork only appraisal.

They are now refusing to sign a Quit Claim deed, until I get the house reappraised. The Quit Claim deed was suppose to be signed within 30 days of the final judgment, we are now 4 weeks past that. I lost out on a lower interest rate on my home refinance because I do not have the paperwork they were suppose to have signed.

I talked with my lawyer, but I haven't had any results yet, and all they have done is call their lawyer and set up an appoint in three weeks. I don't understand how they can not follow the final judgment and try and take this back to court.

I am confused :confused: , angry :mad: , and getting financially behind :eek: ......
 


Let's reverse it, if you were unsure about a proper appraisal would you just sign everything over? Allow me to answer, NO! I think another appraisal is appropriate if the two are so very different. A drive by appraisal can be almost as accurate as them being in your house because basically, okay a little over simplified, the comps in an area will dictate your value.

Do you know any Real Estate Agents who would come through and do a quick look through for you for say a lunch out?
 

itFigures88

Junior Member
I had a Real Estate agent do that this past January. The price was slightly less than the court appointed appraiser. What is the purpose of having a final divorce agreement if either party decides they don't want to follow through depending on the outcome of a certain part? If the cards were reversed, and I thought the house appraised to high, I would have been mad, but I would play by the rules I agreed to. How many appraisals have to be made before all parties are satisfied? The court appointed appraiser was picked because they were neutrel, their appriaser is a friend and very bias in their favor.

By not following the final judgement, they are in contempt of court right? Can't this be enforced? :confused:
 

LdiJ

Senior Member
itFigures88 said:
I had a Real Estate agent do that this past January. The price was slightly less than the court appointed appraiser. What is the purpose of having a final divorce agreement if either party decides they don't want to follow through depending on the outcome of a certain part? If the cards were reversed, and I thought the house appraised to high, I would have been mad, but I would play by the rules I agreed to. How many appraisals have to be made before all parties are satisfied? The court appointed appraiser was picked because they were neutrel, their appriaser is a friend and very bias in their favor.

By not following the final judgement, they are in contempt of court right? Can't this be enforced? :confused:
Yes, they may possibly be found in contempt of court. However, your attorney has to file a motion for contempt, and needs to do it quickly.
 

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