Desert Hot Springs, CA asked in Divorce, Estate Planning and Real Estate Law for California

Q: How can I legally hold ex wife accountable to Settlement agreement if I sign grant deed?

Im going through a divorce and my ex wife is refinancing the house to her name only and I am to receive my VA certificate back as well as $55k from the equity per our agreement. Ive just been contacted by her loan officer stating that all documents have been signed by her and in order to complete closing I will have to sign a Grant Deed before moving forward - Im not really familiar with this but from what I found it that would mean Im signing the house over to her. How can I legally hold her accountable to her agreement if I sign the grant deed?

2 Lawyer Answers
Shawna Murray
Shawna Murray
Answered
  • Estate Planning Lawyer
  • Irvine, CA
  • Licensed in California

A: If you have a final judgment signed by the court with those terms, then your settlement agreement has become a court order. She can be held in contempt of court if she fails to complete her side of the deal. Just to be sure if you have a court order to enforce your settlement, you should contact an attorney for a consultation. The fee you may have to pay for the personal advice will be well spent and allow you to slept at night.

1 user found this answer helpful

Manuel Alzamora Juarez
Manuel Alzamora Juarez
Answered
  • Berkeley, CA
  • Licensed in California

A: FIRST , YOU SHOULD HAVE A LAWYER. NEVER SIGN ANY LEGAL DOCUMENTS WITHOUT AN ATTORNEY REVIEWING THOSE DOCUMENTS. YOU MAY ASK A COPY OF THE ESCROW SETTLEMENT AGREEMENT FROM THE LOAN OFFICER AND TAKE THAT AND OTHER PERTINENT DOCUMENTS TO YOUR ATTORNEY FOR REVIEW.

1 user found this answer helpful

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