It’s never a good idea to plan anything by counting on money that the government is supposed to pay you. That’s just something I’ve learned from experience…
I would say that the mortgage company does not care where the money comes from as long as they get paid. If he signed a quit claim deed, is it possible that the mortgage company already has a copy? It sounds like he believes that since he signed the quit claim deed that his name is no longer on the mortgage. Since the agreement was signed and you were to take responsibility for the debt I would think that he believes that this is not his problem anymore.
I would think that legally, you would need to sue him for equitable distribution since the agreement is not being upheld. This will put it all in the courts hands.
2)I’m not sure if a court order can get you out of a debt…
Yes, you can be held responsible for the debt even if he is not following the Separation Agreement, both of your obligations are separate and not dependent on the other person following through. If he is not living up to his end of the bargain you need to sue him for Breach of Contract and enforce the contract.
There is no order of the court that will relieve you from the debt. You will need to pay it, sign the home over the mortgage company, or it will be foreclosed upon.
You will need a military domestic relations Order to divide your retirement accounts.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
In Sept we signed seperation agreement stating that I will assume responsibility for joint debt accrued in the marriage, including the home morgate with a second morgate attached creating a negitive equity situation.
This agreement was based on the reciept of a military retirement, which he was to retire on 1 Nov 2007 and child support begining 1 Oct 2007. He has not paid child support nor the retirement monies and am now I am facing the loss of the home.
If it goes to foreclosure can I be held responsible for the debt if he has not lived up to his end of the agreement? (I have not filed the quit claim deed he signed as part of the agreement and is the primary lein holder with the mortgage company.)
2.Will I need an Order of the Court to releive me of the debt due to forclosure and his failure to meet the terms of the agreement.
Can DFAS accept the seperation agreement while pending the Divorce and pay per the agreement since we have meet the 10 years of service and 10 years of marriage rule.
4.Since he has disappeared service has not been met delaying the actual divorce, how long will the attorney have to wait for the summons to be returned and begin service by publication.