Breach of separation agreement


#1

Referred to you by one AGA (friend). My ex and I signed a separation agreement in 2004 and were divorced (absolute) in 2005. There was a clause about rental property we had together (on deed - mortgage in my name) that clearly stipulated that the house would be sold if payments were more than 10 days late; the house would be sold with proceeds split. It has been seven years and my ex has declared bankruptcy and cannot refinance as stated would be done and has also been late at least eight times, which affected my credit. The separation agreement was not signed off on by a judge, but I was told my ex could still be held in contempt because it is a legally binding agreement. The divorce took place in Wake County, but the property is located in Johnston County. As the agreement was signed by both parties, I want to sell the property and split the proceeds (as per the agreement). We last chatted on Feb. 6, 2012, and my ex dodged my question and I stated I would pursue other avenues to get the property out of my name (off the mortgage). Another AGA (friend) advised that I might petition for partition, but when I called the Johnston County Clerk of Court, the representative indicated that option did not seem applicable to my situation. Please advise how I can resolve this issue, sell the house, and make my ex adhere to the agreement. Thanks so much!


#2

If you have an agreement that allows the property to be sold, and that is what you want to do, then she needs to cooperate in the sale process or you’ll have to go to court to force the sale/her to cooperate.