STBX Does not have my equity payment


#1

We have a seperation agreement that states he is to pay me equity on the home that he wanted to reside in by September, when our divorce should legally be final. However, he has blown through the entire thirty thousand dollars of his retirement account, does not have credit line to draw from and claims he does not have the money to pay me. Also, my name is still on the mortgage as he also claims he is not able to refinance to get me off. What are my rights at this point and what should I be wary of? I am very concerned about my name on the home even though it states in the agreement that I should not be liable. I also do not want to sign the final divorce agreement without everything being settled. Thank you


#2

He is breaching your separation agreement already. I suggest you file in civil district court for the breach of contract, and seek attorney’s fees as well if your agreement provides for the same in the event of breach.