Do I have any rights?

[afloat]

Hi,

My STBX owes me over 30K from the equity in our house - the fact is not contested. However, she doesn't want to pay me up front. Her proposal is for me to get the money when our children turn 18 (many years from now), which is way too late to help me.
I need this money to survive -now - to be able to go on. Without  going into detail, survival is a generous statement here.
1. Can my STBX hold off paying me this money owed for such a length of time?
2. She is planning on taking a loan on the equity to pay off her credit cards and lower her monthly fees yet she is not obligated to use this money to pay her debt to me? Some of this equity is mine yet she can borrow from it?
3. If she can barely make payments anyway, shouldn't we sell the property and each live within our means now? Is this the usual recommendeation when a settlement cannot be worked out or does the court allow this normally just because she is a mother?
4. Are there other options I am missing?
If I do not receive money owed me I will not remain solvent and this to me will be a terrible hardship for my children and ultimately her. Does  the father's survival  have any weight with the courts?
My STBX history is to not agree or settle - ever. When the divorce is over, her family, who has the means, will assist her. I cannot afford my lawyer much longer (this is another case) and need answers to make my decision.

[m_t]

Pretty much, unless the two of you reach an agreement, it will be up to the judge how that equity is paid out to you. You'll have to argue the base for selling now, vs her buying you out now, vs her paying the equity in however many years. The latter isn't likely to be too popular an option with the judge - keeps everything on the burner for way too long.

[Lee Borden]

I'm curious how you can say with such confidence that your STBX owes you $30,000. If you end up in front of a judge, I would be surprised if your STBX is still agreeing with this assertion, and I wouldn't expect a judge to impose it easily. Therefore, when you and your lawyer discuss options and your negotiating strategy, I would encourage you to include the possibility that the judge would simply award the house to your STBX with no responsibility to pay you anything.

[afloat]

She agreed this was owed. I have nothing. The only problem not worked out is she just doesn't want to pay me now. I guess this is naive to think that she won't change the story in front of a judge.

[Wolfy]

She agreed this was owed. I have nothing. The only problem not worked out is she just doesn't want to pay me now. I guess this is naive to think that she won't change the story in front of a judge.

You're absolutly right about this. Lawyers will be involved and things change drastically.

[Golfball]

She agreed this was owed. I have nothing. The only problem not worked out is she just doesn't want to pay me now. I guess this is naive to think that she won't change the story in front of a judge.

Unless it's in writing (preferably on an attorney's letterhead), it ends up being a "he-said/she-said".

Has an appraisal been done?