Promissary Note For Mortgage Pymt


#1

My husband cofessed he was cheating on me after we purchased a brand new home in another state. We are military and have moved around often to other states. After my husband confessed, i was devastated. I wanted to immediately kill him, however i was moving in less than one month…i had given notice at my current job that i was moving and soforth…My husband PROMISED ME that he ended the affair, but later about a month later i found out that he did not. His girlfriend called me and told me everything about this affair, and other affairs that happened on his part that he shared with her. Again, devastated and at this point i am living in the new home in another state believing we are going to reconcile…well, i typed up a promissary note that my husband will pay our mortgage soley and indefinitely for the years of the home loan (which is soley in his name) as a security of not having to move without a job, a new area, and limited job offers…He agreed and signed the note. My son was a witness, and I signed as well. I was wondering if this can be used in a divorce settlement, in exchange of part of his retirement and alimony ??


#2

A promissory note is evidence of a debt owed, and if signed by the debtor will be enforceable. What you have executed is not a promissory note. Your husband is already obligated to pay the mortgage by the note he signed with the lender. If the mortgage is solely in his name, you should be somewhat comforted in that your credit will not be affected if he does not pay the monthly payments.
In this case it sounds like you attempted to substitute a promissory note for a separation agreement regarding spousal support and affecting your marital property rights. In North Carolina a Separation Agreement (dealing with rights related to the marriage) is not enforceable unless it is signed by both parties with each of their signatures notarized.