Breach of Settlement Agreement


#1

On April 7, 2011 we received a judgment for our divorce based upon the terms of an attached Settlement Agreement. All the terms of the Settlement Agreement have been performed except that my husband has not refinanced the house and taken the loan out of my name. He says that he cannot qualify, however, he qualified in 2/11 but chose to wait until he could get a better rate. According to our Settlement Agreement he had until October 7, 2011 (six months) to get the loan out of my name. In the Settlement Agreement I gave up all of my interest and rights to the home and was to sign off on the title. What are my options regarding the house now? The reason I gave up the house is because I am legally blind and have no transportation and the house is not in an area where I can get to public transportation. My sister has agreed to purchase the house with me and therefore I would be able to live in it now with transporttion. What options do I have with regards to thehouse and him not performing re the Settlement Agreement?


#2

It looks as though your agreement was incorporated into your divorce. If that’s the case, your remedy is to file a claim for contempt of court. Hopefully that will force him to re-finance the house.