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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 07-28-2011, 12:57 PM
fireweb13 fireweb13 is offline
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Default Matrimonial home split

I was talking with a friend the other day. They are going through a divorce, were only married a couple years and owned a house together but no children. It has taken close to a year to get things straightened out. My friend is going to buy his ex out of the house so he can stay there as she has moved out. Everything was settled and ready to be signed and he is ready to pay her out at fair market value. Then her lawyer made a change to the deal just before it was signed, she wanted included in the deal that if he sells the house within 2 years, they are to split the profit. This is after he buys her out. Has anyone heard of a clause like this? His lawyer sent her lawyer a letter pretty well calling her a golddigging such and such(in more appropriate terms). She decided to take this out. I am just wondering if this is normal at all?
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Old 07-28-2011, 05:36 PM
Mess Mess is offline
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It's not really a venue for an answer to that kind of question. 99% of us have been divorced once. A few more than once but not enought to say what is common.

We can't research private agreements, only court cases, so there's no way to tell what's normal. The most accurate opinion would be a very experienced divorce lawyer, they are the ones who get to look at the most out of court settlements.
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Old 07-28-2011, 07:02 PM
fireweb13 fireweb13 is offline
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Maybe I should reword this. Has anyone ever heard of this type of deal... Thank you for making me clearify Mess...
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Old 07-28-2011, 08:37 PM
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mcdreamy mcdreamy is offline
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No, it is not normal, nor is it practiced. In effect, the ex would be creating a lien against the house, that would have to be registered for a 2 year period following transfer of the house. It doesn't happen, and his lawyer was quite correct in calling them on that.
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