Property Dispute


#1

My husband and I have been divorced for 3 years. We drew up a separation agreement with an attorney and we both signed it and it was notarized. It was not incorporated in the divorce. The agreement stated that I was to assume all debts and fees associated with the home that was purchased while we were married. The home was financed only in his name. He has a home in another county now and I have not lived in the home since 2007. I have been renting it out but the renters are moving and I am not able to move back in the home. I was not able to obtain the home in my name due to credit issues that were incurred during the marriage. The home is on my parents property so it would have to be moved since I am not moving back in. He has filled chapter 13 bankruptcy and has listed it as direct payment on his bankruptcy. If I stop making the payments how can this affect me?


#2

You will be in breach of the Separation Agreement, and your husband may sue you for damages he incurs as a result of your failure to abide by the agreement.


#3

What damages would he incur since he has filed bankruptcy? He just filed in the last few months. The mortgage company will not talk to me because my name is only listed as a payee and I have asked him for a payoff to look at trying to sell but he will not get me the information.


#4

Likely he will not be able to prove damages. His lack of cooperation also lessens his chances for a successful breach action.