My boyfriend and his ex have been in and out of court over her not paying off the house from her ED, as agreed upon. The mortgage is in his name and the deed is in both names. This was an agreement that she and her lawyers drafted and he signed. Per the court order, she was also supposed to pay him back about $9000 (out of the $20000 she owes him). After much court delay, about 6 weeks ago she was found in comtempt of court and was ordered to leave the house within 60 days. Since then, she has refused to leave and has told him that she would be appealing and would not have to leave until she’d exhausted the appeal. She started offering to pay off the house if he’d sign it over to her. He told her that he’d only agree to that if she’d also pay the $9000. She wouldn’t do it. Now, with 2 weeks left, she’s asked him to sign a “simple agreement”. While he isn’t planning on signing anything, he doesn’t really understand what a “simple agreement” is. Doesn’t that still hold him liable for the mortgage, just releases him from the deed?
In order to be released from the mortgage debt his ex would have to refinance the loan, there is no “simple agreement” that can accomplish this.