QUESTION

Divorce decree stipulates that I am responsible for Vacation Property payments. Can "ex" sue me if I stop making payments; since she is on mortgage?

Asked on Sep 08th, 2017 on Divorce - Florida
More details to this question:
My "ex" has told me that she is not opposed to me walking away from the mortgage note on the vacation house; which was shocking & I have learned to not trust her. My concern is that if I let the mortgage company know that we; her name is on the mortgage, will stop making payments and her credit will be impacted (which of course it will), that she will then turn around and sue me, even though she told me via a text that she's "OK" with 7 years of bad credit. What should I do; legally, to protect myself? I am thinking that I should get a waiver and an agreement document signed by her and notarized. Thoughts?
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1 ANSWER

Family Law Attorney serving Plantation, FL
3 Awards
   You are wise to not just "trust" what your ex said.  From the facts provided, it appears that you are solely responsible, per the Final Judgment and/or Marital Settlement Agreement to make the mortgage payments.  If your ex-wife is on the note, then the mortgagee can pursue an action against both her and you.  Your Marital Settlement Agreement probably provides that you have to indemnify her if the mortgagee files suit against her.  That means she can, if  a foreclosure suit names her as a defendant, file a cross claim against you.  She can also go back to the family court and ask that you pay anything she is required to pay.    With that said, the best suggestion is that she and you enter into a stipulation modifying the provisions of the Final Judgment/MSA that holds you solely liable for this obligation.  Then you should request that the court ratify the stipulation and make it an order of the Court.    If you can accomplish this then at least you protect yourself from the ex.  As to the holder of the mortgage and note...that's another issue. Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A. Broward/Boca Raaton/Miami-Dade 954-316-3496/561-962-2785 info@vovalaw.com    
Answered on Sep 09th, 2017 at 5:29 AM

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