questions & answers

Question: Our divorce was granted 09/26/06. As part of the agreement, I was supposed to pay my husband $35,000 to buy him out of a rental house we co-own with my parents. He refuses to take the money and I am at a loss as to what to do. He now says he wants the house, but has done nothing to procure financing to buy out me and my parents. Do I go to court and petition them to enforce the court order or do I sue him for non-compliance? The property agreement was "not-merged" and I have been advised to sue. How do I do that?

Answer:

Since Family Law matters tend to be complicated, you may want to speak directly with an attorney. If you are in Pima County, you can contact the Pima County Lawyer Referral Service. If you are in Maricopa County, you may want to contact the Maricopa County Lawyer Referral Service. You can also look up attorneys from the State Bar of Arizona website. In addition, you can look to the organizations listed on our website for more information.

Much will depend on whether language in the divorce settlement requires mediation or arbitration as a means of settling disputes such as these, or otherwise restricts your capacity to initiate a civil lawsuit for breach of contract. As far as the money issue goes, you may, at minimum, bring your ex's refusal to accept the "buy out" money to the family law judge's attention.