Yet another question about Divorce and Bills

[niredlac]

What is the name of your state? NC

We have been separated for 3 months. In NC you have to be separated a year to file for divorce. In our separation agreement, we agreed to split our line one equity debt 50/50 (the LOE is on the house. He signed a quit claim / I got the house)

This month, he went to the bank the LOE is with and cashed a counter check for a cash advance on the LOE and paid my child support from the funds.

The separation agreement did not address debt incured AFTER the separation because I didn't think there was anyway for that to happen?? I need to get that account frozen so that he can not do that again. Can I take my separation agreement/quit claim (since the property secures that LOE) and request the line be frozen?
Can he be made to pay the difference in the debt after the separation agreement?
Suggestions?

 

[Ohiogal]

Why did you not refinance the home when he filed a quit claim? If he is still on the mortgage and loe then he can still do that. He just has no ownership interest (and that quite frankly is a stupid thing to do because a mortgage company can call the note to be paid in full due to a transfer of interest). Your separation agreement means NOTHING to the mortgagor. Was the QC deed recorded? When are you going to refinance and get the mortgage and such completely in your name? Did you have attorneys involved in this process? (I could guess that the answer to that question is NO.)

 

[niredlac]

Yes the QC was recorded. Yes I had an attorney.
No the Mortgage nor the LOE has not yet been refinanced into my name only. We have only been separated less than three months. My attorney never mentioned refi to me. Should I seek this out?
I do not want to refinance the LOE into my name only since we agreed to pay off this debt 50/50.
My question was what can I do in my given situation (where he paid his child support with a counter check on a joint account that should not have been used per our separation agreement) and can I get the bank to freeze this account while we are paying it off while under the terms of our agreement?

 

[LdiJ]

Yes the QC was recorded. Yes I had an attorney.
No the Mortgage nor the LOE has not yet been refinanced into my name only. We have only been separated less than three months. My attorney never mentioned refi to me. Should I seek this out?
I do not want to refinance the LOE into my name only since we agreed to pay off this debt 50/50.
My question was what can I do in my given situation (where he paid his child support with a counter check on a joint account that should not have been used per our separation agreement) and can I get the bank to freeze this account while we are paying it off while under the terms of our agreement?

You really are going to need to talk to your attorney about that. Obviously he has violated the spirit of the agreement if not the terms.....and it was just plain tacky to pay the child support using the equity line.

 

[Bali Hai]

You really are going to need to talk to your attorney about that. Obviously he has violated the spirit of the agreement if not the terms.....and it was just plain tacky to pay the child support using the equity line.

Maybe tacky, but I got to hand to the guy!

 

[moburkes]

Maybe tacky, but I got to hand to the guy!

I was wondering what your comment would be.

 

[Golfball]

Until you have closed/suspended (or refinanced) the LOE, he does still have the ability to legally use it (as far as I know), and since a separation agreement has been signed, I don't think you can successfully petition a court to re-divide things.

I don't know if the QC deed would change things, but it may not be worth the attorney's fees to smack your STBX in court over it.

IMNSHO, your attorney should have advised you to close (or refinance in your sole name) joint credit accounts, especially after the SA&PS was executed.

 

[nextwife]

Until you have closed/suspended (or refinanced) the LOE, he does still have the ability to legally use it (as far as I know), and since a separation agreement has been signed, I don't think you can successfully petition a court to re-divide things.

I don't know if the QC deed would change things, but it may not be worth the attorney's fees to smack your STBX in court over it.

IMNSHO, your attorney should have advised you to close (or refinance in your sole name) joint credit accounts, especially after the SA&PS was executed.

Agreed.

On a properly managed ownership transfer, all existing liens are both paid off, closed and released. IMHO, your attorney was negligent, if they did the closing or were involved in it, for not having all parties sign the standard authorization to close the HELOC, and making sure of it's prompt delivery to the HELOC lender, when the Q.C. closing was done. Of course, if the closing agent was negligent for failing to comply with the closing instruction letter that your attorney provided them, then your attorney may be able to make an E&O claim against the closing agent.