Broken Seperation Agreement

Dear tgravanada:

Greetings. I am sorry to tell you that without reading your separation agreement in full I cannot give you advice. The only thing I can tell you is that just because she breached does not mean that you also can breach the agreement. No, you cannot stop paying, but you can start a breach of contract claim against her. Best of luck and let us know if you want us to look it over for you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

I signed a seperation agreement 2 years ago stating that I would pay my ex-wife $800.00 a month in Child Support (1 child) and half of the house payment (800.00 a month) until the house was sold. 6 months ago she took the house off of the market and has made no attempt to put it up for sale again. I asked her if I could just have the house transfered into my name only, and I would take full responsibility for it, she said no. My question is, since she already has broken the terms of the Seperation Agreement, do I have to continue to pay half of the house payment? It has become very obvious that she has no intention of moving. Also, I am on unemployment and do not even make the required $400.00 a week. What can I do about this?