What should I do to ensure that my ex-husband will pay me for the house?

If you had a careful lawyer, he or she would have seen to it that he gave you a mortgage on the real estate. If the time for payment has not yet passed, however, there is not a lot you can do, because he has not yet violated the divorce decree or Marital Settlement Agreement.

If you live in Los Angeles County, I can assist you. If so, please email me back.

The best answer to your question will depend upon certain facts which are not disclosed in your question. For example, is there substantial equity in the house (i.e. value over and above any mortgage or other liens). If so, you can protect yourself by placing a lien on the home which you would not discharge until your ex-husband pays you your money. It is important to do this as soon as possible after your divorce so that your ex-husband does not have the opportunity to take out an equity line or incur any other type of debt which becomes a lien on the property (your lien is superior to any liens that arise after you record, it is subservient to any liens that predate your filing). If there is little or no equity in the house (or at least less than 25K), are there other assets against which you could have a lien to secure your debt? If your judgment has not yet been finalized, you should make sure that there is language in it describing your lien(s). If your name is still on a mortgage, you will also want to make sure that the judgment contains consequents (immediate listing and sale) if your ex-husband defaults on the mortgage payments.

The obligation to pay the $25,000 should be either (1) confirmed by a Promissory Note signed by the Husband and secured by a Mortgage/Deed of Trust on the home or (2) in the form of a Judgment against the Husband set forth in the Decree.

Your rights will be defined by your divorce judgment and you can petition the court to assist your enforcement of it.

I am assuming that your husband's obligation to pay you the money comes either a Court decree from an agreement that he signed and was filed in the divorce case. If it was not, then you may have difficulty enforcing it. However, if it was, then once your husband's 5 years is up, you can take him to court on an order to show cause, and he will be obligated to either fulfill his obligation or run the risk of being jailed for contempt.

I assume you are part owner and on the title.. Do NOT sign over title. If you are not on the title, have him file a mortgage on it in your favor (requires his signature), or file a claim of interest against the title to the house In either case make sure its in the final judgment that he owes you the money and payment terms.

You have a couple options to enforce the Permanent Orders. You can obtain a Judgment against him for that amount plus interest and garnish his bank accounts and wages. The second option is a contempt citation against him for non payment. You can request attorney fees on both options. Your question does not indicate if the 5 years has passed yet.