The disputants are ex-spouses. The conflict is over the interpretation of a provision in the marital settlement agreement that specifies how, and when, the residence owned by the two ex-spouses is to be allocated between them. There is an agreement in principle that the residence is to be refinanced in the sole name of the client, that the other ex-spouse is to sign over the title to the client, and that an amount equal to one-half the value of the increase in the value of the residence over the original purchase price is to be paid by the client to the other ex-spouse. When the agreement was reached, interest rates for mortgages were hovering around 6 percent. Now the due date for the transfer is approaching, the interest rates have doubled to around 12 percent, and your client no longer qualifies for refinancing the mortgage.

If I am on the legal team of the winner of the property in this case, how would you defend this client?