Asked in Civil Litigation, Contracts and Family Law for Virginia

Q: If my ex refuses to sign a final agreement made in court it is still valid?

My ex and I divorced in 2012. I owned several parcels of real estate prior to the marriage. Two being rental houses in my corporate name. He collected $230K in rent over the time of separation and divorce. Admitted in request for admissions. We fought over the real estate until 2016 when I was told I had to agree to give him my farm which I owned previous to him. So I agreed to give him the farm. He was suppose to removed the deed of trust from my house that I live in and also pay back taxes. He is now refusing to sign the final agreement said he changed his mind. The judge said he doesn't care if he changed his mind it was agreed upon in court but he wont sign. My attorney is not forcing the issue. The farm that I had to give him is still in my corporation. I am not giving him a deed until he holds up his end of the deal. Since he wont sign the agreement and it has been a year can I legally sell the farm? Can I put a deed of trust against the farm if I have to end up paying the note?

2 Lawyer Answers
F. Paul Maloof
F. Paul Maloof
Answered
  • Alexandria, VA
  • Licensed in Virginia

A: My practice does not cover family law. Sorry.

Gary D. Godman
Gary D. Godman
Answered
  • Stafford, VA
  • Licensed in Virginia

A: It may have been agreed in court, but the real question is, do you have a court order mandating this? First, set an appointment to speak to your attorney in person - he/she is the one who knows the case better than anyone answering questions online. If you aren't satisfied, speak to another attorney in person who can review the file and advise whether to sell or file additional proceedings to enforce a court order.

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