SA and ED


#1

If I have a signed and notorized SA in place that divides all property and debts can my STBX still file for ED?


#2

If there is language in the SA indicating that the SA is in place of ED, then no. If the language is not there, all bets are off.


#3

If the Separation Agreement deals with all of your property, and there is none left to divide your stbx does not have a claim for ED.


#4

My STBX now wants me to refinance our house although the SA states I only have to assume the deed of trust, which is what we agreed upon. The only language that I see states “The parties mutually covenant and agree that neither shall hereafter institute any action for divorce against the other upon any grounds other than legal separation, and the neither will contest such action brought upon such grounds by the other so long as the terms and provisions of this agreement have been met and are fulfilled by the other.” Does this language cover me? I am beginning to feel that my STBX just said anything to get me to sign the SA but now does not want to live up to the agreement.


#5

If the agreement does not require a refinance you do not have to do so. Assuming the mortgage debt is not the same thing as acquiring a new loan and only requires you to be responsible for the debt.


#6

Thank you so much. This puts my mind at ease about my house.


#7

You are welcome, I wish you the best.