QUESTION
Does stopping to pay the mortgage which will affect my credit this void our divorce papers?
Asked on Aug 28th, 2013 on Divorce - Utah
More details to this question:
We have already filed for divorce and in the papers it says she gets the house. Now after the papers are already filed, she says she's not keeping it.
4 ANSWERS
List it for sale immediately. It only takes one of you to list. If you get a buyer you can ask court to force her to sign if she hasn't paid the mortgage.
Answered on Aug 29th, 2013 at 10:23 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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No, it does not void the divorce papers. The two of you just need to negotiate who gets what.
Answered on Aug 29th, 2013 at 9:39 AM
Family Law Attorney serving Thousand Oaks, CA
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Law Office of Terry A. Buchanan
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The action of noncompliance with agreement could be contempt. More facts are necessary to fully respond.
Answered on Aug 29th, 2013 at 9:30 AM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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In Utah, if a couple that wants a divorce and has reached a settlement agreement as to the terms of their divorce, but does not yet have a decree of divorce issued by a court, their settlement agreement is still usually enforceable as a contract. If your wife breaches the contract, then you have an argument for claiming that the contract is now void and not binding on you. You may also have the right to sue your wife to enforce the contract. Talk to a lawyer to explore your options further and know what your legal rights are in your circumstances.
Answered on Aug 29th, 2013 at 9:20 AM