Thursday, July 29, 2010

Dead beat dad ( legal advice )?

ok here goes, when mom and dad divorced when i was 13 they agreed to split the 19 acres of land with me and my brother when he turned 18...well my brother is now 26 and still no land deeds fixed to us even though the papers ( witch i have ) have been notarized and signed by the judge and signed by our parents. so my question is how should i deal with the current situation and will the paper hold up in front of a judge if it comes to that. i hate to take him to court but i don't see any other way since i have asked him many times before to get it done when my brother turned 18 and i am sure he would have to pay court cost also.Dead beat dad ( legal advice )?
Money spent on a competent lawyer will be worth it in this situation.Dead beat dad ( legal advice )?
They should be upheld.





The thing with court orders - they are enforceable, but you have to be willing to do the work. Obviously, you dad isn't going to do this willingly. And as long as you don't notify the court, there is no consequence for him not holding up his end of the agreement. Good Luck!
You can take the documentation to a judge, you won't know til you try. I will tell you that your brother will have to be a party to the suit you file, as well, if you're not both parties it is a waste of time to file it. You also have to file against both parents if they are both on the title of the property in question.





Be ready for the following arguments they will bring up-


You (and your brother) didn't have the money income to pay the taxes on the land, so if he had deeded it over you would have lost it to unpaid taxes.





You (and your brother) didn't have the money to pay the costs of deeding it over (was that specifically spelled out in the divorce decree who would be paying for the title work? It ain't cheap!)





Your dad wanted to do it, but your mom wouldn't sign (or vice versa).





The divorce decree was vague and unenforcable. (That happens a lot.)





The piece of ground had a lien against it and they didn't have clear title to deed it over to anyone.


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Just wanted to show you some of the issues that might be brought up as reasons it's not happened. If you're ready with answers to all of those you've a much better chance of winning.





By the way, if the land is worth in value more than a few grand, you'll have to file in superior court as a civil action, it won't be quick, and it won't be cheap, your attorney will want a couple of grand easy to do this, no matter where you live.
The papers probably will hold up. Ask the judge to have the delinquent parent pay all legal fees as he has reneged on agreement
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