The final judgment was filed on March 31st 2008.
The judgment reads: "the plaintiff is awarded the residence with the defendant awarded 30% of the net value or $57,831.60. The parties shall execute any documents necessary to transfer title of the home to the plaintiff subject to the first mortgage and payment to the equitable distribution share awarded to the defendant less and (a typo?) additional offset awards made under this opinion and Final Judgment of Divorce. (Note: there were no offsets) Any transfer of title and costs associated with the transfer shall be shared equally between the parties. The offset of credit/debit shall be simultaneously with the distribution of awards under this opinion. The plaintiff shall hold the defendant harmless on the mortgage liability but shall refinance the mortgage within three years to obtain defendant's release from the mortgage obligation.
The situation re the house is that it is held in joint names but the mortgage is in my ex-wife's name only.
It is not clear from the judgment whether the intent is that the $57,831 should have been paid at the time of the decree or within the three years referenced in relation to the supposed release from the mortgage obligation.
I am really in need of the money and am seeking opinions regarding the intent of the judgment and advice re how best to proceed eg should I seek clarification from the judge? How do I do that pro se? Should I be writing to my ex-wife requesting payment? What would happen if I died before this is resolved - should I provide for a half-share (or even 30% share) of the house (more than $57K) in my will? If my ex-wife fails to comply do I remain the beneficial owner of half or 30% of the house.
Any/all offers of help or advice much appreciated.
The judgment reads: "the plaintiff is awarded the residence with the defendant awarded 30% of the net value or $57,831.60. The parties shall execute any documents necessary to transfer title of the home to the plaintiff subject to the first mortgage and payment to the equitable distribution share awarded to the defendant less and (a typo?) additional offset awards made under this opinion and Final Judgment of Divorce. (Note: there were no offsets) Any transfer of title and costs associated with the transfer shall be shared equally between the parties. The offset of credit/debit shall be simultaneously with the distribution of awards under this opinion. The plaintiff shall hold the defendant harmless on the mortgage liability but shall refinance the mortgage within three years to obtain defendant's release from the mortgage obligation.
The situation re the house is that it is held in joint names but the mortgage is in my ex-wife's name only.
It is not clear from the judgment whether the intent is that the $57,831 should have been paid at the time of the decree or within the three years referenced in relation to the supposed release from the mortgage obligation.
I am really in need of the money and am seeking opinions regarding the intent of the judgment and advice re how best to proceed eg should I seek clarification from the judge? How do I do that pro se? Should I be writing to my ex-wife requesting payment? What would happen if I died before this is resolved - should I provide for a half-share (or even 30% share) of the house (more than $57K) in my will? If my ex-wife fails to comply do I remain the beneficial owner of half or 30% of the house.
Any/all offers of help or advice much appreciated.
