Separation Agreement


#1

Filed separation agreement with the Court on July 6, 2010 - I move out of the house we both owned due to him not wanting to sell the house and must be physically separated for 1 year before filing for divorce. I have an fully executed separation agreement that he signed & notarized and filed with courts.

One of the Paragraphs in separation agrement states: “7. REAL PROPERTY. The parties own a house located at ___________. 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.”

Issue: STBX cannot refinance the house in his name only due to negative equity and he wants me to sign quick claim deed (I refuse to due to this not releasing me of any financial responisbility in the eyes of the mortgage holders). Problem is if he doesn’t re-finance (doesn’t qualify) - I have no way of getting my name off 1st & second mortgage - even though he signed the separation agreement stating he would assume financial responsibility. STBX has been paying both mortgages since I left, I gave him the opportunity to sell the house and I was willing to split what we each would have had to owe (due to negative equity) - he didn’t want to take the loss on the house - and refuses to sell for lessor amount than owed.

Can I force the sale of the house? to get it out of my name? Any thoughts of what else I can do? Can he sue me?


#2

First thing I would recommend is editing your post and taking the physical address off of the posting. It is not material to the question, and anyone who accesses the site will see it…


#3

A quitclaim deed does not release you from the loan, and only relinquishes your ownership in the security for the debt (the house). You can still be held personally liable for the debt if it is left unpaid.
You cannot force the sale of the house per the terms of the agreement because it does not force him to refinance. If he fails to pay the note you may sue for breach of contract. If he filed suit he would not prevail as you are not required to deed the home to him.


#4

Thanks

Can STBX sue for abandonment?

Can I move back in until he agrees to sell or refinance? if I do this - do I need to wait until my year is up and divorce is final or can I move back now - would my separation still be legit.

If STBX doesn’t sign divorce papers and I move back in - will I have to start all over with the separation in order to et a divorce?

Is there any way around this issue?

Can he keep me from moving back in - if I am on both mortgages?


#5

There is no abandonment claim and you cannot move back into the home. There is no way around this and he can bar you from moving back.