Sell house under both names after divorce

We’ve been divorced now for 2 years. He’s still living in the house that is under both of our names (the mortgage is under his name only)

The separation agreement states that he was to make me monthly payments for it and if by July 2017 he hadn’t paid in full, the house was to be sold and my half be paid to me.

Well, it’s october 2018 and he still owes me on the house. He skipped multiple payments and decided to cut the monthly paymetns in half.

1- can I force him to sell the hosue
2- since he has violated the terms stipulated on the separation agreement, do I have to only collect what he owes or do I get 50% of the profit?
3- what type of atty do I need for this?

If your ex-husband has not performed his duties under the separation agreement, then you can file a breach of contract lawsuit against him in order to force him to do exactly as the separation agreement calls for him to do.

You can threaten to file a breach of contract lawsuit in hopes that he will pay you what you owe or sell the house. As to what you would get out of a sale, this should be stated in your separation agreement and that will control.

A family lawyer can help you with a breach of contract lawsuit on a separation agreement.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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