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Divorce

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Damaboricua

Junior Member
What is the name of your state? NY
My husband has refinance the house in his name only upon separation agreement,(I didnt want the house) In the refinancing he included a loan which i was responsible for and was being garnish, the refinancing bank payoff the loan and now is part of mortage payment. Now he wants me to repay him or keep paying 233 a month to the bank who refinance him instead. In the separation agreement we both agree I will stop half of mortage payment after dirvorce is final.Need to say I still pay half of mortage.
What are my chances here. The 3 of april is my pretrial, do I have a good argument?
 
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majomom1

Senior Member
What is the name of your state? NY
My husband has refinance the house to his name only upon agreement, In the refinancing he included a loan which Im responsible for and was being garnish his bank payoff the loan and now is part of mortage payment. Now he wants me to repay him instead. In the separation agreement we both agree I will stop half of mortage payment after dirvorce is final.Need to say I still pay half of mortage.
What are my chances here. The 3 of april is my pretrial, do I have a good argument?
What? That paragraph makes no sense... Please edit.
 

tuffbrk

Senior Member
So in order for him to refinance the mortgage into his name, he had to payoff the loan that you had defaulted on? Does that mean that the creditor had put a lien on the property?
Was he aware of that when you reached your agreement with him?

It is likely that you are responsible to repay him the amount of that lien. Whether it's appropriate for your payment to him to be equal to 1/2 the mortgage payment I couldn't say - there's not enough information here.

I'm just surprised he didn't consult with you and obtain an agreement in writing with you prior to including the loan amount in the refinance...
 
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LdiJ

Senior Member
So in order for him to refinance the mortgage into his name, he had to payoff the loan that you had defaulted on? Does that mean that the creditor had put a lien on the property?
Was he aware of that when you reached your agreement with him?

It is likely that you are responsible to repay him the amount of that lien. Whether it's appropriate for your payment to him to be equal to 1/2 the mortgage payment I couldn't say - there's not enough information here.

I'm just surprised he didn't consult with you and obtain an agreement in writing with you prior to including the loan amount in the refinance...
There is not enough information here to say that.

One of four things is happening here.

1) She was assigned that debt and owes it to him based on how the separation agreement specifies. (not necessarily on how he says it should be handled) or

2) The overall property settlement took that debt into consideration and he is trying to collect from her on top of that. or

3) The debt wasn't addressed in the property settlement at all and he is sol. or

4) Their separation agreement didn't address property at all and its being addressed now. However, I don't think that is the case since the separation agreement specified that she would no longer be responsible for 1/2 of the mortgage payment after the divorce was final.

The OP needs to take all of her paperwork to a local attorney to find out which of the 4 above scenarios applies.

I lean mostly towards number three, but a bit towards number 2 as well.
 

nextwife

Senior Member
3) The debt wasn't addressed in the property settlement at all and he is sol. or
It's vrery possible this coiuld be a result of a lien or judgment that showing up against her interest at the last minute when the title report came back showing it. Thus it would have been un-addressed due to failure to disclose. If so, he is NOT SOL and has a right rto recovery.

Poster, please clarify the nature of the debt and when it became known to your ex. And whether it was addressed or he had no knowledge of it?
 

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