Ex Wife damaged our home

[StephClay]

What is the name of your state (only U.S. law)? KY

My fiance's ex wife damaged home while they were separated. We were going to let it go and make repairs ourselves (about $2000). They separated in March then divorce was final in December. Wife paid half of mortgage until August. She damaged home while moving out prior in August. Property Agreement says that upon divorce she has not liability of home. Since damages were caused prior to divorce can she still be held liable for damages? The reason we ask is that her atty says the property agreement says she is not liable. How can she claim 1/2 of the mortgage interest but not pay for her damages she caused?? Doesn't she have to take the good with the bad??

She also renigged on several things in the divorce decree and has been stalking/harassing him. We have had to block her from calling and texting him. She calls and asks him to pick up her birth control.

Thank you for any help or guidance that you can give!!!

 

[mistoffolees]

What is the name of your state (only U.S. law)? KY

My fiance's ex wife damaged home while they were separated. We were going to let it go and make repairs ourselves (about $2000). They separated in March then divorce was final in December. Wife paid half of mortgage until August. She damaged home while moving out prior in August. Property Agreement says that upon divorce she has not liability of home. Since damages were caused prior to divorce can she still be held liable for damages? The reason we ask is that her atty says the property agreement says she is not liable. How can she claim 1/2 of the mortgage interest but not pay for her damages she caused?? Doesn't she have to take the good with the bad??

She also renigged on several things in the divorce decree and has been stalking/harassing him. We have had to block her from calling and texting him. She calls and asks him to pick up her birth control.

Thank you for any help or guidance that you can give!!!

If the decree says that the home was his property, then she is a tenant and one could argue that she is responsible. HOWEVER, you state that the damage was caused while they were still married (before the divorce). The only argument you would have is if she intentionally damaged the house, dissipating marital assets. That would be a pretty tough one to win.

Your legal expenses to try to collect would probably exceed the cost of damage - and your chances of winning would be slim.