Changing Settlement Agreement Post-divorce

[davacita]

What is the name of your state? Indiana

Divorce was finalized in Dec. 2005. In our settlement agreement, it stated that he would refinance the mortage into his name only and pay me my half of the equity by March 2006. Before refinanciing, he lost his job, got arrested, moved out of the house and now lives with his parents. $5,000 worth of missed payments and late charges later...

I have taken over the mortgage payments and now the account is current. Ex-husband agrees that I can now have the house (I can either sell it or refinance it in my name) and that he will receive no money from any of this.

Since he and I agree to these terms, does this mean that we need to have a judge overturn the settlement agreement (due to his failure to comply) or can he and I write-out a contract between the two of us so that I can sell the house?

Thanks for any advice you can provide.

[LdiJ]

Originally Posted by davacita

What is the name of your state? Indiana

Divorce was finalized in Dec. 2005. In our settlement agreement, it stated that he would refinance the mortage into his name only and pay me my half of the equity by March 2006. Before refinanciing, he lost his job, got arrested, moved out of the house and now lives with his parents. $5,000 worth of missed payments and late charges later...

I have taken over the mortgage payments and now the account is current. Ex-husband agrees that I can now have the house (I can either sell it or refinance it in my name) and that he will receive no money from any of this.

Since he and I agree to these terms, does this mean that we need to have a judge overturn the settlement agreement (due to his failure to comply) or can he and I write-out a contract between the two of us so that I can sell the house?

Thanks for any advice you can provide.

Since this is a property issue you can write a contract between the two of you. The simplest way to handle it would be for him to give you a Power of Attorney to act on his behalf regarding the house, and for him to sign a quit claim deed.

[Ohiogal]

I would also inform the court in an agreed entry of the changes made by the two of you to the settlement so that ex can't state you are in contempt of court or vice versa.

[LdiJ]

Originally Posted by Ohiogal

I would also inform the court in an agreed entry of the changes made by the two of you to the settlement so that ex can't state you are in contempt of court or vice versa.

My ex and I actually did exactly what I suggested. The language of the POA stated that he was relinquishing all interest in the home to me, and that he was giving me the authority to act on his behalf to handle all matters regarding the refinance. (not a sale in our case), then he also provided the quit claim deed. I simply took copies of both documents to the courthouse and asked that they be included in the file.

[Ohiogal]

Originally Posted by LdiJ

My ex and I actually did exactly what I suggested. The language of the POA stated that he was relinquishing all interest in the home to me, and that he was giving me the authority to act on his behalf to handle all matters regarding the refinance. (not a sale in our case), then he also provided the quit claim deed. I simply took copies of both documents to the courthouse and asked that they be included in the file.

Then that acted as an agreed entry of sorts. Just trying to make sure that OP has all bases covered.

[davacita]

Many thanks for this information. It is much appreciated!