Q: Ex-wife refuses to get a home loan via settlement agreement. Need successful experience in a sale in lieu of partition.
This is what is written in the settlement agreement of April 25, 2018,
Defendant shall have 6 months to have the mortgage transferred out of Plaintiff's
name, and failure to do so shall result in the home being sold and the proceeds going
to the Defendant.
A: Hopefully your agreement also provides that the non-breaching party is entitled to an award of their reasonable attorney's fees and costs in the event court action is required to enforce its terms. But the agreement is pretty straight forward. if she does not respond to a lawyer's letter regarding the issue, then filing a suit for sale in lieu of partition is fairly straight forward.
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