Ex-Spouse in breach of Separation Agreement, Now what?

[dewr25]

What is the name of your state?What is the name of your state? New York.

My spouse is in breach of our separation/divorce judgement. Under our agreement, he is responsibe for paying the mortgage on a joint property that we own. During our separation, I'd wanted him to buy me out of the property, but his credit was and is so bad that no lender would grant him a refinance. So I refinanced and agreed to hold the mortgage in my name as long as he paid the mortgage on time each month. He assured me that he would. I agreed to the refinance so that he could continue living in the jointly-owned property and I agreed to the refinance on condition that I could use a portion of my equity from the property to help me start a new life after the divorce.

The separation agreement stated that he had 4 years to get his financial house in order and restore his credit. At the end of 4 years he was supposed to buy me out. I would get the remainder of my equity and he would get to be sole owner of the property. The agreement also states that if he did not pay the mortgage on time, or if he missed any payments, or at any time he put my good credit in jeopardy, then I would have the "right of sale" and would receive 60% of the net proceeds from the sale of the property. In other words, if he breached the agreement, he would only be eligible to receive 40% of the net proceeds rather than the 50/50 split he would've been eligible for if he'd made timely payments over the four year period.

Now that the house is up for sale based on my ex not making timely payments, he's anxious about the 60/40 clause and is trying to get me to turn a blind eye to his financial irresponsibility. In other words, even though he is in breach of the agreement, he is trying to get me to forget the 60/40 clause for "old times sake."

I think I've given him enough chances. I didn't ask him to pay anything related to our divorce. I even paid for his divorce attorney. I didn't ask for alimony or any other kind of support either. So should I put "old times" behind me and make sure the agreement is honored, or should I be understanding again and turn a blind eye? I'm so close to this situation, that it's very hard for me to decide what's in my best interest. Any and all advice would be greatly appreciated.

[BelizeBreeze]

Sell the house and tell the ex to "BITE ROCKS"

[minerzlegal]

It appears to me that your ex has you right where he wants you, and knows that if he makes you feel guilty enough you won't do anything, but agree to whatever he wants. It is time for you to look into the mirror and decide how much more crap you want on your plate. My advise is sell the property, stick to the 60/40 split, and do not have anymore to do with this guy, or you will be posting more problems you are having with this guy. Have a good day.

[LdiJ]

Ditto the other responses you got. All he had to do was pay the mortgage on time. Stick to the 60/40 split.