Ready to File Divorce - Already Filed Separation Agreeement


My year will be up at the beginning of August, 2011. I filed separation agreement in July of 2010 - determined that STBX wanted to keep the house and asked what I wanted from it. I stated just to be off the 1st & 2nd Mortgage - didn’t want any $$ for the house. STBX signed the agreement. I vacated the house August 1, 2010.

In the agreement is specifically stated:

The parties own a house located at (Address). The Husband agrees to assume, pay and hold the Wife harmless from any and all of the indebtedness, including but not limited to the first and second mortgage for said property. Any expenses and repairs to the house will be assumed by the Husband.

However, I didn’t specifically state in the sep. agreement a timeframe of the house being re-financed to get it out of my name. STBX tried to refi back then and the house didn’t appraise for what he needed. So both mortgages are still in both names - however he has been paying both mortgages since then. He has since put the house on the market Feb. 2011 at a high price - no bites on the sale of the house since then.

Do I need to amend the separation agreement to specificy a timeframe of the house to be sold or refinanced out of my name - if I don’t amend the agreement - what can happen? Can I force him to lower the price of the house for it to sell. Or since I left this open-ended (no timeframe) am I stuck with no re-course forcing him either way - lower the price or refi it. - He has not defaulted on these loan’s - as I check every month to make sure that they are paid.

The same goes for a Car that is in both of our names.

Any help or suggestions on what I need to do next?


If your ex will agree to sign an addendum I would suggest you have him do so, and address a price reduction schedule in the agreement in order to facilitate the sale. He is under no obligation to sign an addendum however, and you may be stuck waiting.