According to my husband’s Property Settlement Agreement with his ex wife, she agreed to use her best efforts to sell the marital residence and up until the eventual sale of the home, she would retain exclusive possession of the residence and would be solely responsible for keeping all mortgage, taxes and homeowner’s insurance current. After staying in the home for a short time, she put the house up for sale and stopped paying everything as it relates to the home. The house is currently in a short sale and will eventually go into foreclosure. Recently my husband was given a Notice of Judgment saying that he must pay the Homeowner’s Association fees that she stopped paying. For some reason she was dismissed without prejudice and my husband is now ordered to pay for fees that she was responsible for. She has breached every aspect of the agreement, while my husband has gone out of his way to provide for her and his son. Her lawyer has advised her that she should go ahead and foreclose on the home and if my husband takes her to court for breach of contract or the Homeowner’s Association fees he will not win. He stated that he would not win because the single parent always wins and not only that, but would be too costly to do so. So if that’s the case, what is the point of a Separation Agreement? Would there be any benefit in retaining a lawyer? What usually happens in cases like these as I am sure they are common? We are not sure what to do. She is currently living in NJ and the divorce was finalized in PA, which is another issue since this is out of state. She has made it clear that she can do whatever she wants without being penalized.
The single parent does not always win, and if she is in breach of the Agreement your husband should prevail in the suit.