Q: In my divorce agreement it states I get 50% of equity, minus the principal paid by my ex. He stayed in the home.
He told me that I only get that if he sells or refinances, which he isnt going to do. I am in a bad spot financially and feel I earned that throughout the years. Can he do that? Do I need to go back to court and have that readdressed?
A: Your divorce attorney should address this issue. If there is no language triggering the timing of a sale or refinance or if the language was vague and it was intended that there be a sale tied into an event, then a declaratory relief action could be brought to bring this information forward to the Court so that there could be a sale or refinance. Do you hold title together? Potentially there could be partition if so.
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