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certain real property in which they and their two children had
been living prior to their divorce (marital residence) and
(b) Mr. Czepiel to assume and pay the existing mortgage loan on
that property; (2) Ms. Czepiel to retain her two IRA accounts;
(3)(a) Mr. Czepiel to retain a certain automobile and (b) Ms.
Czepiel to execute any documents necessary to have the title to
that automobile solely in Mr. Czepiel's name; and (4) Mr. Czepiel
to pay to Ms. Czepiel "the sum of twenty-nine thousand ($29,000.)
dollars as a further division of marital property".
In January 1995, the total equity in the marital residence
was approximately $25,000, which represented less than 25 percent
of its fair market value at that time. At that time, Mr. Czepiel
was several months behind in his mortgage loan payments on the
marital residence, which resulted in threats of foreclosure by
the mortgage loan holder, he had exceeded the credit limit on
each of his credit cards, and he was unable to borrow against the
marital residence. The only funds available to petitioner in
January 1995 consisted of approximately $33,000 on deposit in two
IRA's that he maintained at BayBank. The foregoing financial
situation with respect to Mr. Czepiel did not change over the
period January 1995 through July 1995.
On January 20, 1995, Mr. Czepiel filed a motion for clar-
ification of the divorce judgment and to amend that judgment with
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