Conference quark::human_relations

    Marriage is a "lotery", either you win or lose, and the market is the
    same, either it goes up, or down.  If the value of your house is down I
    don't think it is your ex wife's fault... it is the economy.
    
    It seems to me that you put a lot more importance in the value a your
    properyy than in the value of your marriage, and if your marriage
    ended in 1989 is a bit difficult to expect that the market value of
    your house "do not move" in 4 years.  It would have been a lot easier
    to include market fluctuations in the original contract... and it if
    was not included, it is not your ex's fault either, but whoever did the
    contract.  
    
    The value of my own home today is less than what it was 4 years ago, 
    there is NOTHING I can do about it, right? I'll just keep it and hope
    than in 10 years from now it'll be worth more than it is today, that's all.
    
    

    If the papers have no market contingency, I don't see how she can
    get out--maybe you need a different lawyer.  This sounds very odd,
    unless the asset mentioned is the house and not the cash value.  You
    should keep asking questions until you're sure you understand what
    the situation is.
    
    If she doesn't have any assets, you may be out of luck, even if
    you're in the right and win a court case.
    
    		-John Bishop

    Re: -1
    
    I think there are probably other facts in this case which haven't been
    spelled out here.
    
    Sounds like the spouse agreed to pay a certain sum of money.  There was
    no contingency for market conditions.  That shouldn't really affect the
    sum of money due.  So either there are elements of the agreement which
    haven't been spelled out here, or there are provisions of state law
    which apply in situations like this.
    
    I'd say if you don't like what one attorney tells you, try another.
    If it's a lot of money you're talking about, and you think there's some
    way of recovering it, then it's worth pursuing.  If it's not much
    money, or it becomes obvious that the likelihood of collecting on a
    judgment is low, then you should just put the whole thing behind you as
    soon as possible for your emotional health.
    
    (How does one define a "lot of money"?  Well, keep in mind that what
    seems like a lot today might not in the future.  Probably two years
    worth of headaches could be avoided by writing off $20,000 or $30,000.
    Yet many people will gladly take on years of headaches over sums of
    less than $1000.)
    
    -rich
    Mass Storage Engineering OEM D&SG  SHR1-3/O13    DTN:  237-2124
    Work: [email protected]                      508-841-2124
    Home: [email protected]

    Then again, real estate values are in a horrible depression in
    Massachusetts/New England.  This past summer my ex-husband and I sold a
    house at a $50,000. loss.  By that I mean, we actually lost $50,000.
    and the bank lost an additional $20K which they agreed to write off. 
    The house had been purchased in 1987 for $70K *more* than it sold for
    this past summer.  When real estate values drop this much it has to be
    taken under consideration.
    
    Lorna
    

    re .4, we had to sell the house because my ex was layed off from
    Digital last December and is still unemployed.  He is a software
    engineer.
    
    Lorna
    

    Sorry, when the divorce agreement was signed, she became the owner,
    at the appraised and agreed upon value, just as if she'd bought the
    house.  Well, that's the way a *smart* divorcee would've written the
    agreement,
    
    If it then drops in value, the owner and the bank can lose money, not
    any prior owners.
    
    A good divorce lawyer would've protected the guy from this loss.

    A business or gov't entity would have to stick to the contract.
    I wouldn't be surprised if there are loopholes for probate court.
    
    ed