The hearing was quick and painless (for me).<p>re: news, but not good news thread<p>The judge very quickly ordered that this had gone on long enough, my XH has 7 days to provide me with my full cash judgement, or the property goes up for an emergency auction with a starting bid of my judgement and IF there is a higher bid, XH has to pay for costs of the auction out of the proceeds!<p>There is more to it, but that's the short version. My XH actually had the brass ones dangling to put a settlement offer on the table of LESS money than I was guaranteed!! The judge did not react favorably to this. :}<p>Within 14 days, or the time it takes to do an emergency auction (I'm guessing less than two months, probably), I will have cash in hand!!<p>Now, any advice on finding a financial advisor so I don't get scr**ed on taxes?? This money judgement is my share of the value of the real estate we bought together. My attorney said that if I reinvest it in real estate within 2 years that I won't have to pay ~25% capital gains tax. I do plan to buy a house in a little less than 2 years, so this is very interesting information ... any help on where to start?<p>Thanks everyone for your positive thoughts!!<p>[ May 08, 2002: Message edited by: Princess Buttercup ]</p>

How wonderful for you...I am so thankful the courts didn't play into his garbage

Don't you just love it!!!<p>From one that was in a familiar boat: my ex refused to pay what he was ordered by the judge in the divorce decree. A year and a half after the order, the house was being offered at auction on the court house steps by the county sherriff. ONE DAY before the auction was to be held a miracle happened, he paid what the judge had ordered, plus interest!<p>I don't know what state you live in but in Nebraska, property settlements are not taxable (cash in lieu of property). A property settlement isn't considered the same as if you sold a house and planned on buying another (capital gains would apply there). I would certainly consult a tax professional for an expert second opinion. It would be well worth your time and could save you $'s in the long run. That's why lawyers are lawyers and CPA's are CPA's. Protect yourself!<p>"My XH actually had the brass ones dangling to put a settlement offer on the table of LESS money than I was guaranteed!!"<p>I swear my ex and yours must have gotten their brain cells from the same gene pool!<p>Take care and call a CPA a.s.a.p.!<p>Gayle

you should not have to pay taxes if the settlement is on your primary residence. . .<p>consult a tax preparer, H&R block can do that one for you. . .

That's GREAT news PB!

Congrats!

yesssssssssssssssss<p>church, take it home!!!!!!!!!!!!!!!!!

PB,<p>Sooooo cool! Sometimes things just work out even when it looks like the bad guy wins every time. Congratulations!<p>ANNA

Thank you all for your replies ...<p>The order was signed 5/3 so unless he and his attorney contest the order, I should have a check in hand by Monday ... but I never, ever count on anything related to XH so we shall see ...

Friday was Day 7 ... it is Monday and I have no check ... my friend keeps asking me why I expect anything but the worst from XH ... I don't know ... just keep thinking he'll act in his own best interest, but he won't even do that if I benefit in any way from his action ... sad :^(

Also ... I'd kinda like to bid at the sheriff's sale as even if I bid $45K and win, I get back the first $36K ... and have to finance $9K for a property worth $50-57K ... <p>First off, I'd need an angel to put up the initial bid payment ... I'd be able to pay them back as soon as I got my judgement as I'm sure I could finance the $9K but not much more than that with my bad credit ... but secondly, I can't seem to find any information about sheriff's sales in Michigan ... any tips?

Try HUD<p>here

I misunderstood about the 7 days ... the judge signed the "order" I thought on 5/3 ... that was the petition to change the order, not the actual CHANGE to the order, which should be signed today or very soon, as XH had 7 days first to object to the petition ... which I did find out today by calling my atty that he does not object ... his atty said he will be providing me with a check for payment in full ... and delivering property I was supposed to have received within 30 days of the divorce (yeah, uh huh) in a couple of weeks (on a Saturday I already have plans, how nice) and this is the clincher ...<p>His attorney, in a letter to mine, has stated how my XH wants this transfer to be "civil" and urges my attorney to request that I be "civil" ... wow ... I am civil every time I pick up the kids, I bite my tongue until it bleeds; and he has the brass ones dangling to tell his attorney to have mine tell me to be "civil" ... sick ***k.<p>I might vent angrily here, but what I put up with for the sake of not speaking my mind to him in front of the kids ... I want to go medieval on him SO BAD for what he's done to me, and to them ... but I smile, and I walk away when he starts into me, and I don't counter his garbage arguments ...<p>Oh, I'll be civil all right ... I'll be about 30 miles away enjoying plans with my kids ... he'll have to deal with the maintenance folks.

I am a thirty-six thousandaire!!<p>Well it took him long enough, but the money is now in my account and my name's coming off the deed. (Bet he's going to have to pay off the back taxes before they do the transfer!)<p>(The actual order was signed by the judge 5/17 but the clerk mishandled (?!) it and our attorneys had to get a copy through the judge's assistant, so he wasn't 'served' until the end of May, went past 7 days again (!!) but oh well, this part is OVER!!)<p>Going to pay off the last of the marital debts and sit on the rest a while since I'm soon to be unemployed and not sure what's next for me.<p>It just feels good to have this part over. I know I'll be going back to court again this fall, however, because he's going to be a pr*** about preschool, child care and parenting time, he's starting in already about September!!<p>[ June 14, 2002: Message edited by: ex-Princess Buttercup ]</p>

Glad to hear your news.
Savor each Victory.

Dear Ex-:<p>I don't know all the facts but if it was your primary residence you are probably safe on the 36k. You use your exclusion on sale of personal residence or roll it over to a new residence.<p>I am happy your are feeling free.<p>All my best to you.<p>Jack