50/50 equity / damages /mortage


#1

Mortgage is in wife’s name only; deed is in both.
Husband is breach of the separation agreement for failing to complete repairs to the damage he created on the property and clean as stated in the agreement. He left 6 months ago. We have not listed it yet
I have 65 pictures of the damage/ clean up to be done.
If I file fro breach, is there a chance a judge would reduce his equity of 50% since I have done all of his work and the mortgage is in my name. I mean, if it went into foreclosure they would only come after me so why should he get 50 %? I don’t want to file for breach without some sort of recompense if a judge is going to say no. Please advise


#2

A judge cannot reduce your husband’s allotment of equity as specified in your separation agreement if it is a valid separation agreement because the judge would be modifying/amending your contract.

In a breach of contract suit for a separation agreement, the judge, if he/she finds that a breach has indeed occurred, will award either specific performance (requiring the other party to do what they originally agreed to do under the contract) or award the person bringing the suit monetary damages to compensate them for the other party’s breach.

Depending on the modification/amendment provisions in your separation agreement, you and your husband may be able to amend the separation agreement to something you deem more fair since he has not upheld his end of the separation agreement.

You may be able to rescind that particular portion of your separation agreement, which would remove that portion from the agreement as if it had never been included. Your separation agreement may have a clause that deals with rescinding sections.

Check out our article Breach and Enforcement of Separation Agreements in North Carolina for detailed information about breach of contract suits and remedies.