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I assume the mortgages are in both of your names. They take priority over your separation agreement because they were granted prior to your divorce. If there is no equity in the property then you can't get paid. You should consult with the attorney who represented you in your divorce.

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Q: My divorce decree states that I am to be paid a certain amount of money within a certain amount of time in exchange for signing over the home. The ex is in financial trouble Can I file a lien on home?
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Related questions

Do you have to sign divorce papers if financial settlement not agreed yet?

ABBA has a song "And vinner takes the all" the crucial part of which is the necessity for a woman to accept handshaking with her former husband. The signing some documents implies the handshaking. (Can be signing without handshaking but not handshaking without the signing.)


Do i have to sign for the receipt of divorce papers?

Yes signing it brings you in receipt and liable to agree with the terms of divorce or counter the terms of divorce to what fits your rights.


Can a woman get a divorce without you signing the papers in Tennessee?

NO... not in any state ...


Is there a cut off date for divorce papers that have been served but haven't been processed?

The divorce will still be processed by the petitioner. Not signing does not mean anything..just prolongs the procedure.


Can a spouse file for a divorce and lie about the whereabouts of the other person?

Not if they want the divorce decree to be legal and they could be charged with perjury by signing the divorce petition as it is a legal document.


Can you get divorce in Texas without signing?

Yes. I am not sure which side of the divorce you are on from your question (the one not signing or the one wishing the other would sign) However, either way if a party to a divorce refuses to sign the divorce papers (or cannot be found or for some other reason) then you can still get a divorce by having a default judgment entered against you or the other party. The way that works is the appropriate papers are filed in court by one party and when the other party does not show the default judgment is entered and the divorce is close to being finalized. It is important to note that most states have a procedure through which a spouse who has been divorced by default can contest the divorce, in certain limited time.


Who is usually responsible for signing the statement of financial position?

directors


What happens if the spouse replies to the unwillingness court action of signing divorce papers What happens then in that situation Can you get the divorce regardless?

Request default motion.


Does the husband have to sign the divorce papers if it is a case of domestic violence?

Divorce and domestic violence are separate issues. Not signing the divorce papers may not prevent the wife from getting the divorce and won't change any of the orders of the divorce such as property distribution, child support, etc.


If you divorce and remarry the same person does that persons custodial rights get reinstated or does the divorce decree stand if you divorce again?

If you divorce and remarry the same person and later divorce again, the first divorce agreement does not become "reinstated." You must go through the entire divorce process again by signing and agreeing to the divorce terms.


When did Brett and Sydney divorce?

Brett Harris and Sydney Fisher got divorced in 1998. Unfortunately, their marriage had been on the rocks for a couple of years prior to signing their divorce papers.


Do divorce papers have to state that a woman wants to keep her married last name and does it also have to state reason for divorce before signing?

It varies state by state, but typically you do make that decision within your divorce papers authorization. You can see the steps to divorce in your state at the link below.