Marital debt


#1

Ok, I’m divorced finally. There is significant marital debt in which the mediated agreement states “the defendant is to attempt to reference” such that I, Plaintiff, am a matter on the note.
No specifics were given, and I am unaware of exactly the amount of the loans, the number of loans, or what I’m a signor on.
Now my attorneys office is saying that no judge can make anyone refinance or take a loan in their name only?
Am I mistaken, or shouldn’t each of these matters been addressed in detail in the PSA? Is it true i have no recourse? The divorce decree relieves me from debt, but I know that mortgages supercede the divorce agreement.
I’m feeling something is just not right here…I thought that was what property settlement agreements were for.


#2

I assume instead of “reference” you meant “refinance.” A judge can order someone to attempt a refinance, but if that person cannot get a new loan in their own name by refinancing, the court cannot force a bank to lend someone the money to do so. The agreement likely requires the other party to indemnify and hold you harmless from and against all obligations on the debt- and that can be enforced.


#3

The actual agreement is in such poor penmanship, that it could actually read either way.
Assuming that the word is refinance, there are no time limitations on doing such.
Ex is worth millions, and I was never a financial contributor to the household.
He should have no problem refinancing, but has not begun to do so since date of absolute divorce, June 9, 2011.
All marital properties are heavily encumbered, but he has lots of separate property paid for in full.
How can I protect myself and children, in the event of ex’s failure to comply, ie., death, etc.?

Also, there are false statements easily proven on financial statements he used to acquire such loans…
Do banks even care about that? If so, could I use these to persuade him to comply?


#4

Your remedy is to file for breach since he is violating your agreement by not attempting to refinance the property.