• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Az law re; breach divorce agreement on real estate

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Djcz

Junior Member
Arizona

My ex and I were divorced last June 2008. As part of the settlement agreement (which was included in the divorce paperwork) we both agreed to pay 1/2 of the Mortgage payments each month. Both of our names are on the title/deed of the house.

My ex was staying on the property at the time to finish up some remodeling. I had been giving him my part of the mortgage payment monthly.

In July of 2008, two weeks after he left the state of Arizona, I found out that the mortgage company was going to start foreclosure proceedings as he had not made the payments for over 3 months. My ex-mother in law helped me out by loaning me what the mortgage company wanted to stop foreclosure, it was over $3,200.00

I have been struggling to make these payments since that time without any help from him whatsoever.

My question is this: Is this considered a beach of the divorce settlement decree and if so, how do I go about getting his name off of the deed and filing a breach of contract against him?

Thanks!What is the name of your state (only U.S. law)?
 


mistoffolees

Senior Member
Arizona

My ex and I were divorced last June 2008. As part of the settlement agreement (which was included in the divorce paperwork) we both agreed to pay 1/2 of the Mortgage payments each month. Both of our names are on the title/deed of the house.

My ex was staying on the property at the time to finish up some remodeling. I had been giving him my part of the mortgage payment monthly.

In July of 2008, two weeks after he left the state of Arizona, I found out that the mortgage company was going to start foreclosure proceedings as he had not made the payments for over 3 months. My ex-mother in law helped me out by loaning me what the mortgage company wanted to stop foreclosure, it was over $3,200.00

I have been struggling to make these payments since that time without any help from him whatsoever.

My question is this: Is this considered a beach of the divorce settlement decree and if so, how do I go about getting his name off of the deed and filing a breach of contract against him?

Thanks!What is the name of your state (only U.S. law)?
You need to see an attorney. The answer will depend on some very minor details.

It could well be that the court will decide that the money you gave to your ex was a gift and that BOTH of you are in default for not paying the mortgage.

You should have been paying the mortgage company directly, not giving the money to your ex.
 

Djcz

Junior Member
Actually, the money I paid for my share of the mortgage payment was made by check with it documenting that it was to go to the mortgage payment. I never just "gave" him any money.

I have been working with the mortgage company directly since July 2008 and they are aware of the situation.
 

mistoffolees

Senior Member
Actually, the money I paid for my share of the mortgage payment was made by check with it documenting that it was to go to the mortgage payment. I never just "gave" him any money.

I have been working with the mortgage company directly since July 2008 and they are aware of the situation.
Who was the check made out to?

If the check was made out to the mortgage company (as it should have been) and ex cashed it, he/she is in huge trouble.

If the check was made out to your ex with a note 'for mortgage payment', then you're a little better off since it probably won't be considered a gift, but the mortgage company never received it so you are still obligated to them.

You need to file for your ex to be held in contempt and to reimburse you for all those amounts - AND to pay his/her half of the mortgage payment to get current.

Then, ask for a court order to sell the property so you don't have to deal with this any more.
 

LdiJ

Senior Member
Actually, the money I paid for my share of the mortgage payment was made by check with it documenting that it was to go to the mortgage payment. I never just "gave" him any money.

I have been working with the mortgage company directly since July 2008 and they are aware of the situation.
Again, those payments should have been made by check directly to the mortgage company not to your ex. I am repeating this for the benefit of anyone else that may end up with a similar situation. If you have to pay a bill, pay it directly to the creditor. DO NOT give the money to your ex.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top