Real Property Question


#1

According to my separation agreement, the marital home was deeded to me as my sole property. It says in the agreement that I will hold my ex harmless for any and all debts and or liens against said property. I have maintained the mortgage, taxes and insurance as stated in the agreement. This month I moved out of state because my current husband was relocated. Therefore, I have put the house up for sale and until the house sells, will continue paying mortgage, taxes and insurance. The mortgage is currently ONLY in my ex’s name, not mine. Therefore, he says that according to the agreement that we made, by law, his name has to come off of the mortgage and put into my name or I will be held liable. I can not refinance to get the mortgage in my name. I do not have a job. So until that time, I told him that I will keep the mortgage, taxes and insurance current (until the house sells). He says that I can not do this and if I do not take his name off the mortgage and put the mortgage solely in my name, then I will be held liable and he will sue me. The only way that his name will come off the mortgage is if I sell the house. My question is this, am I following the separation agreement or will I be held liable because his name is still on the mortgage. There is nothing in the agreement about the mortgage itself, only that he must quit claim the house to me, which he has. He was perfectly fine with me doing this until I started making him pay child support.
Thank you.


#2

Unless the Agreement specifically requires you to refinance the loan, you do not have to do so. There is no law that requires you to refinance. The law of the case is what your agreement specifically states. Even if the Agreement does specifically require you to refinance, and you cannot the court, in a breach of contract action, could order you to sell the home, which you are already doing, voluntarily. Your ex has no cause of action unless you miss a payment and fail to indemnify him.