Property


#1

If you and your ex signed a property settlement that requires him to sign a deed and he is refusing to do so, then you can sue him for Breach of Contract. If the contract was drafted by an attorney, it probably requires him to be responsible for any attorney’s fees if he breaches the Agreement. If that is the case, I would sue him for breach of contract and let him know what penalties he is facing if he does not comply. If the credit card is in both names and was not mentioned in the Agreement, the creditors may pursue you for this debt and if there is no Agreement regarding this debt, you may be legally responsible for it.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

My ex and I were never married, but we did have a child together and bought a home together. Six months after the home was purchased, he left. I had my attorney draw up a property settlement waiving his right to right, title or interest in the property. We were unable to have his name taken off of the title immediately due to a prepayment penalty on the mortgage, but we had it written into the agreement that at the end of the prepayment penalty (May 2007) that I would refinance the home and he would sign the deed over to me. My refinance is supposed to close on Monday, but he is now refusing to sign the title over now.

His reasoning behind this was because when we bought the house, he ran up a 2000.00 Home Depot credit balance (which is now charged off) and doesn’t feel he should have to pay for it since it went towards a house he only lived in for 6 months. I told him it is his debt and he should have to pay it, especially since when he walked out he left me with 7000.00 in other credit card debt, that was run up during the 3 years that we lived together, not to mention a brand new house to pay for on my own. I have paid off my debt and will not pay his.

My questions are… Can he legally refuse to sign over the deed to the house since he signed the property settlement? Also, is there anyway that I could be held responsible for that credit card? If he does have to sign it over, how can do I go about making him sign it? It seems to me like he is trying to extort 2000.00 out of me, or else he will not sign it over as he agreed to 2 years ago.

Kristi