Do I Still Owe my Ex a Percentage of our Home if I Foreclosed after the Divorce and then Bought it Back on my Own?

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“When I was married with my ex-husband we bought a house together, then later 7 years later we divorced and I was granted the house. It says in the decree that he was to get $11,500 plus 9% annum interest until I sold the house or I lost custody of the kids or they turned 18. Soon after the divorce I lost the house in a foreclosure with the bank, the house was taken from me and taken to the courthouse to sell. I was able to buy the house in full with my parent’s money at the auction’s asking price. Now I am selling the house and the house in under my name for the past 9 years and wants his part of the money that was stated in the decree. Does he have a case with this? The house hasn’t been his for the past 9 years it has been under my name and is owned by me.”

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You owe him $11,500 plus 9% interest per year when either the kids turn 18 or you lose custody of them. Had you simply sold the house at foreclosure sale, your ex- would have been able to exercise his lien against the property before you got any proceeds.

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Author: House Attorney

A house attorney has answered this question.

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