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?