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Dissolution Agreement Question

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Wendy413

Junior Member
What is the name of your state? Tennessee

My divorce was final last July. In the divorce agreement, my ex agreed to pay one half of the mortgage payment until the house sold. The agreement says he will mail me his half each month. The house has been on the market since the divorce was final. I currently reside in the house.

In October, he left to join the Army and made his father the power of attorney. When he was gone, two months went by and the check from him was late. I had trouble paying on time. Next, the roof leaked and caused water damage and mold on the ceiling. I paid to repair it and could not get him to pay anything. House repairs were not stated in the agreement. So, I was late again for two more months.

Yesterday, I received a certified letter from his father demanding that I send my half of the payment to him starting April 1, 2008. I have already made the payment early. He said that if I do not do this, he will procee with legal process. He said I have hurt his son's credit and that I will comply. If he does not send money, where do I go from here? I mailed a copy of the paid receipt to him certified and told him I would not send the money as it would go against the legal dissolution agreement. I have also not seen any paperwork proving he is the power of attorney. Why would I choose to follow through with his demands?

To add more problems, my ex is also required in the dissolution agreement to pay a loan that he took out under my name prior to the divorce. His credit score was not high enough to secure his own loan, so he makes payments directly to the loan company. Last July, he made installment payments and the bank did not recognize them as a full monthly payment and charged late fees. I discussed it with him and he agreed to take care of the late fees. He never did. Since then, he has made the monthly payment minus the late charges, so really never paying the actual minimum amount due. In my letter explaining the house to him, I also included this fact.

Can him and his father proceed with anything against me if I am now making the payments on time and proving by receipt each month?What is the name of your state?
 


seniorjudge

Senior Member
What is the name of your state? Tennessee

My divorce was final last July. In the divorce agreement, my ex agreed to pay one half of the mortgage payment until the house sold. The agreement says he will mail me his half each month. The house has been on the market since the divorce was final. I currently reside in the house.

In October, he left to join the Army and made his father the power of attorney. When he was gone, two months went by and the check from him was late. I had trouble paying on time. Next, the roof leaked and caused water damage and mold on the ceiling. I paid to repair it and could not get him to pay anything. House repairs were not stated in the agreement. So, I was late again for two more months.

Yesterday, I received a certified letter from his father demanding that I send my half of the payment to him starting April 1, 2008. I have already made the payment early. He said that if I do not do this, he will procee with legal process. He said I have hurt his son's credit and that I will comply. If he does not send money, where do I go from here? I mailed a copy of the paid receipt to him certified and told him I would not send the money as it would go against the legal dissolution agreement. I have also not seen any paperwork proving he is the power of attorney. Why would I choose to follow through with his demands?

To add more problems, my ex is also required in the dissolution agreement to pay a loan that he took out under my name prior to the divorce. His credit score was not high enough to secure his own loan, so he makes payments directly to the loan company. Last July, he made installment payments and the bank did not recognize them as a full monthly payment and charged late fees. I discussed it with him and he agreed to take care of the late fees. He never did. Since then, he has made the monthly payment minus the late charges, so really never paying the actual minimum amount due. In my letter explaining the house to him, I also included this fact.

Can him and his father proceed with anything against me if I am now making the payments on time and proving by receipt each month?What is the name of your state?
Who owns the house?

Whose names are on the mortgage?

Whose names are on the credit card bills?

The judgment in your lawsuit does not affect your creditors. If you and he borrowed money, for example, from someone, then you, he, or both of y'all are responsible for the loan.

What your judgment in your lawsuit says has no affect on the people you borrowed money from since they were not parties to your lawsuit.

If that doesn't answer your questions, then rephrase them.

Q: Can him and his father proceed with anything against me if I am now making the payments on time and proving by receipt each month?

A: His father is not a party to your lawsuit; if your ex wants to sue you for something he can. So can the father. Whether it would be successful is something I do not know.
 

VeronicaLodge

Senior Member
your divorce order says he will pay you half the mortgage each month, not the other way around, tell his dad to jump in a lake and if you dont receive the check in a timely fashion so that your credit isnt harmed you will take his son to court for contempt.
 

Wendy413

Junior Member
Thank you both so much for your replies.

As for now, both of our names are on the mortgage and the title. I am in the process of trying to get a new loan in my name alone.

Basically, what I am concerned about it that since I made a few late payments, does my ex and his father (who is his power of attorney) have any legal standings to sue for anything? His father sent me a letter saying to either send him my money for the house or he will proceed with "expensive legal actions."

What legal actions could he pursue?
 

VeronicaLodge

Senior Member
ask him, sounds like he is blowing smoke.

tell him you need to know what legal action he is contemplating so you can inform your attorney.

also, werent your payments late because his payments to you were late.
 

majomom1

Senior Member
ask him, sounds like he is blowing smoke.

tell him you need to know what legal action he is contemplating so you can inform your attorney.

also, werent your payments late because his payments to you were late.
I would also like to know what type of POA he has. He may have authority to make payments, but I doubt it gives him the ability to start any legal action on son's behalf.
 

Wendy413

Junior Member
Yes, two of his payments were late because his father mailed the check late. But the other two were because I just could not come up with the money in time. The house had severe mold problems and I had to fix it first.

I do not know what type of POA he has. I have called and asked him to fax me a copy of the legal documents. He said he would drop them off by my work, but he has not done that. It had been three weeks since I asked for them.

If he produces the paperwork, what am I looking for to know if he can seek legal action on his son's behalf?
 

LdiJ

Senior Member
Yes, two of his payments were late because his father mailed the check late. But the other two were because I just could not come up with the money in time. The house had severe mold problems and I had to fix it first.

I do not know what type of POA he has. I have called and asked him to fax me a copy of the legal documents. He said he would drop them off by my work, but he has not done that. It had been three weeks since I asked for them.

If he produces the paperwork, what am I looking for to know if he can seek legal action on his son's behalf?
In my opinion he was just trying to itimidate you into doing what he wanted you to do. If he goes to an attorney the attorney is going to tell him that the divorce decree has to be obeyed.
 

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