Divorce Agreement Mortgage Payment

[Gerald Durham]

What is the name of your state? Nebraska
My divorce agreement states that I will pay the mortgage payment on the house that my wife received in the divorce until the sum of $52000 is paid in full, approximately 20 years. It states that the sale of the house by the respondant (my spouse) does not accelerate the payment of this mortgage. Yesterday I found out that the mortgage was paid off ($49840). My exwife now wants me to make the payments into her bank account, rather than to the mortgage company as listed on our divorce agreement. I also realized that I had been paying the total amount to include taxes and insurance which were escrowed. I believe I should only send her the amount of the prinicipal and interest portion of the payment since she has total rights and obligations in the house other than the mortgage payment. Am I understanding this correctly? She was given full title, rights to the home in lieu of any alimony or receiving any part of my military and nonmilitary pay.What is the name of your state?

[LdiJ]

Originally Posted by Gerald Durham

What is the name of your state? Nebraska
My divorce agreement states that I will pay the mortgage payment on the house that my wife received in the divorce until the sum of $52000 is paid in full, approximately 20 years. It states that the sale of the house by the respondant (my spouse) does not accelerate the payment of this mortgage. Yesterday I found out that the mortgage was paid off ($49840). My exwife now wants me to make the payments into her bank account, rather than to the mortgage company as listed on our divorce agreement. I also realized that I had been paying the total amount to include taxes and insurance which were escrowed. I believe I should only send her the amount of the prinicipal and interest portion of the payment since she has total rights and obligations in the house other than the mortgage payment. Am I understanding this correctly? She was given full title, rights to the home in lieu of any alimony or receiving any part of my military and nonmilitary pay.What is the name of your state?

I don't agree. You were ordered to make the payments until the total sum of 52000.00 was paid in full. That tells me that you were ordered to pay the mortgage as part of the property settlement and that the 52000.00 amount had to do with other assets that you kept....that this was a way for you to pay off something in installments rather than in a lump sum.

Therefore I believe that you are still obligated to pay the same monthly amount until you have paid the 52000.00 in full.

[Gerald Durham]

OK I can understand that point, but then could I by rights request the account number to the new mortgage, since she clearly refinanced the house to get some cash from the equity and pay the same amount to her new mortgage loan, rather than have to put it into her bank account?

[Gerald Durham]

OK also, I agree that the amount is $52K (original bal). She paid off $49840 (the divorce was 3 years ago). If I pay her the same amount as I was paying to the mortgage company then I will repay her $49840 in 5.5 years rather than the 20 years I was paying on the mortgage because I was ordered to pay $52K not $52K plus interest. Am I reading this correctly? If she hadn't refinance I would have continued to pay the $742 for the next 20 years. But since she refinanced and paid off the balance of $49840, what am I required to pay her. Also I had no idea about the refinance until I logged into the bank to find out the current transactions and that is when I saw the loan was paid.

[Bali Hai]

Originally Posted by Gerald Durham

OK also, I agree that the amount is $52K (original bal). She paid off $49840 (the divorce was 3 years ago). If I pay her the same amount as I was paying to the mortgage company then I will repay her $49840 in 5.5 years rather than the 20 years I was paying on the mortgage because I was ordered to pay $52K not $52K plus interest. Am I reading this correctly? If she hadn't refinance I would have continued to pay the $742 for the next 20 years. But since she refinanced and paid off the balance of $49840, what am I required to pay her. Also I had no idea about the refinance until I logged into the bank to find out the current transactions and that is when I saw the loan was paid.

File a show cause for contempt on her and let the judge figure it out.

She may have outsmarted herself on this one.

[BelizeBreeze]

Originally Posted by Bali Hai

File a show cause for contempt on her and let the judge figure it out.

She may have outsmarted herself on this one.

Oh Brother!

Gerald, your ONLY option in this matter is to continue paying what the court ordered, collect the information on how much you have already paid, and file for a clarification and plain language interpretation from the court.

Obviously your order is not specific enough and needs to be expanded to specify the terms.

You have NO case for contempt.

[Bali Hai]

Originally Posted by BelizeBreeze

Oh Brother!

Gerald, your ONLY option in this matter is to continue paying what the court ordered, collect the information on how much you have already paid, and file for a clarification and plain language interpretation from the court.

Obviously your order is not specific enough and needs to be expanded to specify the terms.

You have NO case for contempt.

Where have you been?

There has been passionate talk among the other gender regarding how much they have missed you and something about sitting on your lap.

[LdiJ]

Originally Posted by Gerald Durham

OK also, I agree that the amount is $52K (original bal). She paid off $49840 (the divorce was 3 years ago). If I pay her the same amount as I was paying to the mortgage company then I will repay her $49840 in 5.5 years rather than the 20 years I was paying on the mortgage because I was ordered to pay $52K not $52K plus interest. Am I reading this correctly? If she hadn't refinance I would have continued to pay the $742 for the next 20 years. But since she refinanced and paid off the balance of $49840, what am I required to pay her. Also I had no idea about the refinance until I logged into the bank to find out the current transactions and that is when I saw the loan was paid.

I think that you need to take your order/agreement to a local attorney to make sure that you really understand what it means.

Based on your original explanation my interpretation was that you owed her 52,000...and that you were ordered to pay her mortgage payment until you paid off that 52,000.

In my mind, that makes it irrelevant whether you pay the money to her or to her mortgage company....you just have to keep paying until the grand total reaches 52,000. Therefore her refinance shouldn't be irrelevant.

However, if your order/agreement is worded differently than you described, then something else could have been intended.

Go see a local attorney who can actually see the order/agreement in black and white.