ex reneging on property settlement

[frustratedex]

What is the name of your state? Oregon

I was divorced three years ago. In my final divorce decree, I agreed (very naively) to allow my ex to defer the settlement payment for three years of the equity we had built up in the house we owned jointly. The house was appraised at the time of the divorce, and we agreed to split the equity in half. Despite the fact that he has the house and has received all of the tax write-offs, due to his poor credit I am still on the mortgage. He is supposed to re-finance the house this coming August so that I can be removed from the loan, and receive half of the equity payment that is due to me.

Last night, he told me that he doesn't think he will be able to refinance the house because of his poor credit. Knowing him, I think he is going to try and strike some kind of "arrangement." I do not want any kind of arrangements with him and just want him to pay me what is owed to me, and to be off the loan.

If he does not pay, can I take the house from him, since I am still on the loan? Also, what kind of leverage do I have? Should I retain counsel?

 

[Ladynred]

I seriously doubt you can take the house from him. However, if the re-fi was written into your property settlement in the divorce, then you could get him for contempt of that court order- which means you would have to drag him back into court.