Modification to ED agreement


My ex and I signed an ED agreement in 2009 and I agreed to sign a quit claim to the marital home. In turn, we would avoid going to trial for alimony and she was to put the home on the market and pay the mortgage with the child support & alimony I pay. A mistake on my part was to not have her refi the mortage into her name. Currently, it is in my name only. Why my lawyer did not think of this I will never know and maybe my ex wouldn’t have agreed had I asked her refi anyway. The house is on the market and priced way oabove market value. She just invited her sister and two children to move in. It’s obvious she does not intend to sell this home anytime soon. Do I have any option that will somehow force her to either refi the mortgage, or drop the price to expidite a sale? My other concern is that she may stop making payments and cause my credit to suffer.


That’s a difficult situation. To know what your options really are I’d have to see the agreement. Your credit will suffer if she stops paying the mortgage, and you shouldn’t have signed an agreement that didn’t require her to re-fi the house.

It basically states that I sign the deed over and she is to pay the mortgage and equity line. It also states that the house be put on the market to be sold. I think I do have some protection in the agreement but I think she is stalling a sale by overpricing the house. If she fails to make payments or takes it off the market, I would have a claim for contempt. I am just curious if a judge would see the obvious stall tactic and force her to lower the price ordo more to get a sale. She relies on my child support and alimony to pay for this home and we will soon be going back to court for a CS mod in which we will be down to 1 minor child from 3. Alimony is only until Dec 2014 so she wil lose another 600 per month there. I signed the agreement to avoid an alimony trial. She would never have agreed to refi at the ED mediation so I was in a tough spot.

That does sound like a difficult situation.