Ask A Lawyer: Getting My Share Of Sold Marital Assets

Question:

My ex and were officially divorced in June of this year. Per our stipulation, I was responsible for selling the home and any money left over was to be distributed equally.

My portion of any monies left over would represent a portion of a $110,000 Equitable Distribution award, of which she agreed to pay me; represented by my "equitable" interest in a business she sold prior to us signing our stipulation.

The house was sold, via short sale. And subsequently, she owes me the complete $110,000. She is now reneging. Her basis is "circumstances have changed." In New York, how strong a case can she have with the court?

 

 

Answer:

You need to consult an attorney in New York to obtain specific legal advise however a stipulation as part of divorce decree acts as a contract and if the terms as are you explained you should be to take your ex-wife back to Court to enforce the terms of stipulation or file a Motion for Contempt as she is violating the terms of the stipulation.

 

 

Tiffany A. McFarland is a Senior Attorney and Litigation Manager with Cordell & Cordell, P.C. in the Overland Park, Kansas and Kansas City, Missouri offices. Ms. McFarland practices exclusively in the area of domestic relations. 

Tiffany is licensed in the state of Missouri and the state of Kansas and is certified as a Guardian ad Litem.

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