Q: What can my sister do to have proceeds from sale of house (due to divorce) released?
Divorce was over a year ago. House needed work to get it sold and it did eventually sell. Ex-husband paid for repairs, but will not provide receipts to attorney so that proceeds can be adjusted and released. He is dragging his feet on purpose so that she will eventually become destitute. What recourse does my sister have in order to get her share of the proceeds?
A: Your sister's lawyer should write a letter to the former husband / his lawyer demanding the release of your sister's share of the proceeds / details of any claim of adjustment to her share, based on his claim of entitlement to credits for repairs ( if permitted under the terms of the settlement agreement). So, the starting point is the language of the settlement agreement as to any claim of credits from the sale proceeds. The lawyer should also give a firm deadline for the submission of your sisters share of the proceeds and credit claim and when the deadline hits and the money is not paid over, the lawyer should file an application with the court the following day for sanctions and for enforcement of her sisters entitlement of her share of the proceeds.
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