Help! violation of agreement


#1

The only thing that I could tell you is that you need to file for Equitable Distribution, post separation support/alimony. Signing an agreement does not always keep this out of court…though that is what a separation agreement is supposed to do. It is a binding contract and I suggest you contact an attorney as soon as possible.

Legally, he is responsible for 1/2 the marital debt. If there is a mortgage and car payment then he is still responsible for it. Singing an agreement with you does not take his name off the deed or the car loan. He could argue that in the agreement that responsibility was turned over to you, BUT he’s not holding up his end of the agreement. He can not sue you for losing the house and he can not legally hold you entirely responsible for the amount on the car, it’s marital debt and unless it is refinanced into your name alone, it’s 1/2 his problem.
My question is this: Do you work or are you a completely dependant spouse? If you are completely dependant then I suggest filing for post separation support immediately to help with these debts. I do not have any suggestions other than contacting the creditors for the mortgage and car and talk to them. Maybe something can be worked out.
The real issue is that you are living in the home and the car is in your possession. It’s easier for your stbx to attempt to walk away from those debts since he’s no longer living there or using the car.
I also suggest that you record conversations and keep documentation of everything that is said or paid.


#2

If you have a signed and notarized Separation Agreement that requires your Husband to pay alimony and make other payments and he is not living up to his end of the Agreement, then you need to sue him for Breach of Contract to enforce the Agreement.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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Raleigh, North Carolina 27607
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#3

I need help or answers. My husband and I were only married for a year and a half when he decided he wanted to go back to his 2nd ex-wife.(can I prove this, not unless her answering his text message proves it) Anyway, he and I signed and had noterized a seperation agreement, he is now refusing to pay me any spousal support, what so ever, and continually lies to me about why, he has also refused to pay the house payment. Mind you, if he’d pay me the spousal support, I could pay the house payment. But the car we agreed I would keep, I would be responsible for, is going to be repossessed and now he tells me if it’s repo’d he’ll hold me responsible for the amount left owed on it and he would sue me if I loose the house!!! I Wouldn’t Lose It If he’d Hold Up His End Of the Seperation Agreement!!! What do I do? This will leave me owing 80+ thousand dollars!!!