matters after divorce

What is the name of your state? ny

my ex-wife and i were granted a divorce in april of 2001. i received the short end of the stick, but the stick wasn't all that long so it did work out ok. when we divided the expenses, i took on the home equity loan even though she was going to reside in the home with my 2 children. i did this because i did not want a credit card bill that she essentially ran up.

my understanding was that she was going to live there for many years. this came from her. i paid the monthly bill for the home equity every month until she sold the house. the bank notified me that she had to pay the home equity from the proceeds and that the loan does not exist any longer.

my ex is now suing me for the home equity loan. well, her lawyer wants to negotiate. he mentions in his papers that he would like me to take on another payment that is listed in the decree.

since he is attempting to rewite my decree, i was thinking that since she was expecting to stay in the house and that I didn't try to make us sell it, that i get some of the proceeds. she netted about 17k from the sale and that's after paying the home equity loan and the commission.

are divorce decree's written in stone? please be nice to me, i really was pleasant in my divorce proceedings. i left with little more than my clothes and a tv.

please be nice to me

Click to expand...

What makes you think anyone would not be?

Your decree stated that you would make payments on the home which she has now sold, correct?

Then what else would you owe for if she netted from the sale?

I do not think you are eligible for any proceeds since this was not what your decree stated, only that your monthly obligation for that payment has ceased.

Why should you take on another payment? Because her attorney wants you to???...Just say "No". Unless you were already ordered per the decree to pay them...

Your post confused me ...QUOTE: he would like me to take on another payment that is listed in the decree. -----Whose payment was it that was listed in the decree?

better explanation

in my decree it states that i am responsible for the home equity loan. since the house was sold, my ex had to pay the home equity when she sold it. i was making the monthy payments and now she wants to be reimbursed. i ws prepared to be sued or asked and may well have had to pay it, but her lawyer doean't sound so sure that if i put up a fight that i will lose.

he is now asking that i take on another payment instead of the home equity loan. essentially he's trying to rewrite my drcee. therefor, if he's doing that, i'd like to change it by getting half the proceeds from the sale.

This is the letter (not verbatim of course) you send to your wife's attorney.

Dear Mr. Attorney;

Since your client sold the home for which the court decree stipulated I pay the home equity loan, and since your client, for kindness or whatever reason, decided to relieve me of that obligation by taking the net proceeds of the sale of said home and applying those monies towards the load, I am thereby relieved of the obligation stipulated in said Divorce Decree.

It has been a pleasure doing business with you and I this concludes our business.


And don't get greedy. Or would you rather take your chances in front of a judge ?

What did the decree say about proceeds of the house when sold? If you weren't awarded any portion of them, her lawyer may well be correct that you owe her the balance of the equity loan.