QUESTION

What are my legal obligations with regards to the indemnify and hold harmless clause?

Asked on Apr 25th, 2017 on Divorce - Maryland
More details to this question:
My now ex-husband and I are co-borrowers on the mortgage for a marital home purchased in 2007. In our Separation Agreement signed in 2015, my ex-husband and I agreed that my ex-husband would "transfer his interest in the Marital Home to me; would waive and release all rights of dower, courtesy, homestead, equitable distribution, and all other rights, title and interests in and to the Marital Home; and would execute a quitclaim deed conveying his interest in the Marital Home" to me. I, in turn, agreed to "be solely responsible to pay all encumbrances registered against the Marital Home; and indemnify and hold [my ex-husband] harmless from and against all obligations and expenses arising out of or relating to the Marital Home." My ex-husband and I subsequently executed a quitclaim deed where he gave the marital home to me. Our divorce decree was issued in early 2016, and the separation agreement was incorporated into the divorce decree. Can my ex-husband sue me if I am not successful in removing his name from the mortgage loan, either via attempting to assume the loan in my name only, or via refinance, or is my obligation under that clause simply to continue making the mortgage payments in a timely manner?
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1 ANSWER

Yes he can sue you for not making the mortgage payments however i would need to read the whole Separation agreement to answer your second question.
Answered on Jul 24th, 2017 at 6:22 AM

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