but I still don't trust that he won't try something.
What is the name of your state (only U.S. law)? NY
Hi - I posted this is the Family Law forum, but want to cover all the bases in case someone may be able to provide some insight in Real Estate. Just to summarize - divorce final 3/07, agreement stated marital home to be sold and proceeds split 50/50, ex turned down offers before downturn in market, I accepted offer recently and he was refusing to sign contract. Well he showed up to real estate attorney today (yes Sunday) and signed the contract. He told attorney he would not show up at closing (didn't give a specific reason). I have the following concerns and would appreciate feedback.
1. Ex hasn't helped pay mortgage since 9/07. Currently owes $13,236.80 and since he delayed signing a bit, January will have to be paid also (bringing it to $14,891.40). Am I guaranteed to get that back at closing or do I have to do anything to ensure this happens? Before you go off the deep end, Bali Hai, this is half of what was paid - I've paid it all and only want to receive what is owed me.
2. There was a home equity line of credit which I had to use to keep things paid - I fully intend to pay that back out of my portion of the proceeds, but I can only do this if he pays me the above mortgage payments (the house is selling, but the profit is not what it could have been 18 months ago or perhaps 18 months from now). The difference between half the credit line and his half of the mortgage is just over $1,000.
3. In addition to Con Ed bills (gas & electric), boiler servicing, tickets on property for not cutting grass, etc. there were repairs that needed to be done (he turned off the boiler and caused the pipes to burst last winter causing water damage) and the floors and kitchen were updated to make house attractive to buyers in this market. Total amount of all this is $16,600. Is there anything I can do prior to closing to get this back or do I have to take him to court after and try to recoup?
I've tried to give as much detail as you may need - I apologize for the lengthy post. I'll answer any further questions you might have.
Thanks.
What is the name of your state (only U.S. law)? NY
Hi - I posted this is the Family Law forum, but want to cover all the bases in case someone may be able to provide some insight in Real Estate. Just to summarize - divorce final 3/07, agreement stated marital home to be sold and proceeds split 50/50, ex turned down offers before downturn in market, I accepted offer recently and he was refusing to sign contract. Well he showed up to real estate attorney today (yes Sunday) and signed the contract. He told attorney he would not show up at closing (didn't give a specific reason). I have the following concerns and would appreciate feedback.
1. Ex hasn't helped pay mortgage since 9/07. Currently owes $13,236.80 and since he delayed signing a bit, January will have to be paid also (bringing it to $14,891.40). Am I guaranteed to get that back at closing or do I have to do anything to ensure this happens? Before you go off the deep end, Bali Hai, this is half of what was paid - I've paid it all and only want to receive what is owed me.
2. There was a home equity line of credit which I had to use to keep things paid - I fully intend to pay that back out of my portion of the proceeds, but I can only do this if he pays me the above mortgage payments (the house is selling, but the profit is not what it could have been 18 months ago or perhaps 18 months from now). The difference between half the credit line and his half of the mortgage is just over $1,000.
3. In addition to Con Ed bills (gas & electric), boiler servicing, tickets on property for not cutting grass, etc. there were repairs that needed to be done (he turned off the boiler and caused the pipes to burst last winter causing water damage) and the floors and kitchen were updated to make house attractive to buyers in this market. Total amount of all this is $16,600. Is there anything I can do prior to closing to get this back or do I have to take him to court after and try to recoup?
I've tried to give as much detail as you may need - I apologize for the lengthy post. I'll answer any further questions you might have.
Thanks.
