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How is Division of Property enforced?

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Anonymous Asked:

Hi, I am divorcing my husband because he cheated on me. We have both agreed that he pays me some amount in lump sum in 1 month and I leave our condo to him, but I am afraid I will never get the money, because he does not have any cash to pay me and he does not plan to sell the condo until next year. Besides, he always lied to me, so I cannot trust him at all. How is Division of Property enforced? What if he does pay me the amount written on the agreement after we divorce?  Is there anything I can do?

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Jennifer M. Long, B.A. J.D.
5 years ago

​I​ strongly advise that you consult with a lawyer before you sign any agreement ​about property division or any other matter ​to ensure that your property has been fairly divided and the lump sum amount you are referring to is ​fair to you. Also, you should not transfer your interest on title to the condo (if you are on title) to him until you are paid or at the same time you are paid. Furt​hermore, if this condo is the property you both have lived in during marriage, it is likely considered a "matrimonial home" and you have the right to remain there ​unless there is a proper buy out, agreement and/or court order. In other words, you should not transfer your title ownership or sign off on anything until you receive advice from a lawyer on the property issues as they can be complex. Also, I generally do not recommend that one transfers title of a property to the other spouse until you are paid what you are owed as part of the property division. Again, I ​strongly ​urge you to speak to a lawyer about your situation in greater detail ​so you can be properly advised as to your rights.

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