QUESTION
Am I responsible to continue to pay on a bank note if my name is not on the note but agreed to pay in divorce papers?
Asked on Mar 19th, 2013 on Divorce - Delaware
More details to this question:
I signed the divorce papers in 2011. The divorce was quite nasty and I signed quickly to be done with the process. I agreed to pay on a bank note that my name is not on until my ex spouse refinanced the home to help her out. My name is nowhere on the mortgage or deed. Recently, she has told me she has no plans to refinance and is only doing this to be spiteful. I cannot pay on this for the next 25 years, which is how long the original note is for. Can I change this even if the divorce was uncontested?
9 ANSWERS
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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Go to court and show court she has not complied with the agreement to refinance the loan. Her failure to act in good faith is a breech of the terms.
Answered on Mar 22nd, 2013 at 4:33 AM
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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That depends on what your Judgment of Divoce and/or Separation property settlement agreement states. If you are under a court order to pay on the note, you must continue paying. If your divorce further states that your ex-spouse has to refiance the note or sell the property by a certain date, you can enforce that obligations under the court's contempt powers.
Answered on Mar 21st, 2013 at 1:47 PM
Dennis P. Mikko
If there is a court order requiring you to pay you will have to pay unless you can get the cout order changed. If she refuses to refinance you might want to file a motion with the Court asking for relief from the payment provision. You should seek the advise of a local attorney.
Answered on Mar 21st, 2013 at 8:38 AM
John Arthur Smitten
If you agreed to it in divorce court then yes.
Answered on Mar 21st, 2013 at 7:38 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You can move the court to amend the judgment of divorce based on changed circumstances. You can also move to have her held in contempt for not doing what the divorce judgment says she should do. Finally, a bankruptcy if it is otherwise a good idea can relieve you of the obligation on the mortgage note. Good Luck.
Answered on Mar 21st, 2013 at 7:27 AM
You should bring a motion to have the court look at this issue. If she is failing to abide by the Judgment, she can be found in contempt. You should consult a family law attorney to assist you with the motion.
Answered on Mar 21st, 2013 at 6:48 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You might file a motion for clarification to say that, because you are only to pay until the house is refinanced, that there should be a time limit on the refinance and, if it is not done, that the house should be sold. It might or might not work.
Answered on Mar 21st, 2013 at 6:22 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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It's probably too late to contest it. See an attorney.
Answered on Mar 21st, 2013 at 12:50 AM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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If it was an order of the Court you can file to amend it. If not an order you can still file in Court to revise.
Answered on Mar 21st, 2013 at 12:35 AM