Enforcing Legal Separation Post Absolute Divorce


#1

My fiancée’s legal separation contract required his now ex-wife to sign a quit claim deed releasing their home, and fill out the proper paperwork releasing her from the title of his vehicle within 30 days of it being notarized. That was September 2014.
The contract was filed with the court a few days later. Their divorce was final Jan 2016, but the contract was not incorporated into the decree, so remains a contract.
He has long since completed all of his responsibilities under the contract. She still refuses stating over a dozen excuses, each time refuting the previous before naming a new one. This delay has already cost him one re-fi loan.
We saw your website and know he has to file breach of contract and request a specific performance order. Would that filing be a continuation of their divorce, since it involves its contents, or a whole new case? Can we ask for court fees?
We don’t have money for an attorney, or even your DIY workshop here. This process dragging out has bled us.


#2

You are right, your remedy for this is to file a breach of contract action. This is a completely separate civil filing than you the divorce filing. The separation agreement may address attorneys fees; often a separation agreement will include a provision that if either party has to sue for breach, the prevailing party shall be awarded attorney’s fees. You can still ask for attorney’s fees even if there is no language in the agreement, but if will be harder to succeed in your claim for attorney’s fees absent language in the agreement providing for it.