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Wife under a breach of contract

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limpy

Member
What is the name of your state? md

My wife and I sign a separation agreement in Apr of 06. (Does not have to be signed by a judge) In the agreement it states that we will live in the house and split all the bills with the house 50%-50%. These are to include the house payment, the 2nd, electric, water, and so on... She decided to move out because she said I made it hard for here to live there. By that she said it was because I would go out with my friends and come home around 9pm, and I would get dressed up to go out (iron a color short and wear jeans) The big problem that I am running into is my credit is going down the drain because of this. I have made several attempts to increase the second to bridge the payments until the house is sold but I can not do it without her signing for it and I can not qualify for enough cash on a personal loan that will cover more than 2 months. I have heard that I could take legal action against here for breach of contract. Is this true and if it is what action can I take for the beach of contract as well as for my credit going from a 710 to what ever it will be when this is said and done?

Thank you in advance for your help.
 


Ohiogal

Queen Bee
You have a breach of contract depending on how the agreement is written and whether or not there was a satisfactory reason why she breached. No one will know without reading the agreement if she has breached. It sounds like it but that doesn't mean much. Why don't you just file for divorce? As for your credit going down -- you are responsible for the loans you took in your name. Apparently you received more on credit than you can afford to pay. Hence that is a problem but your credit is your problem -- not your wife's.
 

LdiJ

Senior Member
limpy said:
What is the name of your state? md

My wife and I sign a separation agreement in Apr of 06. (Does not have to be signed by a judge) In the agreement it states that we will live in the house and split all the bills with the house 50%-50%. These are to include the house payment, the 2nd, electric, water, and so on... She decided to move out because she said I made it hard for here to live there. By that she said it was because I would go out with my friends and come home around 9pm, and I would get dressed up to go out (iron a color short and wear jeans) The big problem that I am running into is my credit is going down the drain because of this. I have made several attempts to increase the second to bridge the payments until the house is sold but I can not do it without her signing for it and I can not qualify for enough cash on a personal loan that will cover more than 2 months. I have heard that I could take legal action against here for breach of contract. Is this true and if it is what action can I take for the beach of contract as well as for my credit going from a 710 to what ever it will be when this is said and done?

Thank you in advance for your help.
Hopefully you have the home on the market now? There really is no action that you can take in the short term to force her to pay half of the expenses. If you are doing your best to sell the house then most likely it will sell before there would be any resolution in court.
 

limpy

Member
I am sorry to miss this. The bills are in both of our names. All of them. I am only asking her to pay for the bills that are in both of our names. Other than that I am talking care of everything else. In MD I can not file for a divorce until we have lived apart for 1 year.

Right now the houses are taking about 5-6 months to sell... That is why I am so worried about it.
 
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LdiJ

Senior Member
limpy said:
I am sorry to miss this. The bills are in both of our names. All of them. I am only asking her to pay for the bills that are in both of our names. Other than that I am talking care of everything else. In MD I can not file for a divorce until we have lived apart for 1 year.

Right now the houses are taking about 5-6 months to sell... That is why I am so worried about it.
Could you borrow from family and pay them back out of the proceeds of the home? Seriously, there really isn't anything that can be done fast enough to give you immediate relief. Not on a breach of contract.
 

Bali Hai

Senior Member
limpy said:
I am sorry to miss this. The bills are in both of our names. All of them. I am only asking her to pay for the bills that are in both of our names. Other than that I am talking care of everything else. In MD I can not file for a divorce until we have lived apart for 1 year.

If the bills are in both names, "all of them", what else is there to take care of?

Right now the houses are taking about 5-6 months to sell... That is why I am so worried about it.
When this is all said and done for you, please come back and share any lessons learned.
 

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