MSA set aside - no divisionof property

[inthemiddleadmi]

What is the name of your state (only U.S. law)? New Mexico

Hello everyone,

My ex husband and I were divorced in February 2009. We did the paper work ourselves and were in complete agreement about everything. we spent a great deal of time talking things over as we still lived together until the day the papers were filed.

We divided the property this way:

He kept: The house(appraised at $129,000.00 before renovation), 2 vehicles (were his before marriage), 1 motorcycle, all tools, 2 big screen TV's(one giant), 1 19" tv and 1 12' tv. One part to the living room set, one bedroom set (brand new- never used)5 of the 7 computers, surround sound system in bedroom, the dishes, linens, 2 washers and 2 dryers, all materials purchased for renovating the home ($10,000.00 appx.)

I kept: One car, rest of living room furniture, one bedroom set, flat screen TV, upright freezer, washer and dryer, one computer and one laptop and printer.

Debt: He was to pay for all marital expenses including the car I got and the insurance for it until the car was paid off (apprx. $15,000.00), as well as $500.00 a month alimony, and continue my medical insurance. He agreed to pay this because I was under a doctors care then and was not working and could not take care of myself.

I remarried shortly after the divorce and when he found out about it, he stopped paying everything except car and insurance, and canceled my medical ( after I had 2 surgeries this year).

I now owe more than $9,000.00) in medical bills and our MSA has been set aside. He is now saying that he never agreed to anything( I do have proof that he did) and I filed false papers (by the way we went to the court house together - he drove me there- and signed the papers there and filed them). He now wants everything I got form the marriage back, as well as wants me to sign a QuitClaim Deed to the house and drop harassment charges that were filed on him in April '09 - before any MSA negotiations start.

I am not in agreement to any of that.

Could someone please tell me if you "think" I stand a chance if I file a Motion to Reconsider or if I just let it go back to court the way it is and ask for 50/50?

I don't make very much money so to replace everything would be almost impossible.

Thanking you in advance,

 

[mistoffolees]

What is the name of your state (only U.S. law)? New Mexico

Hello everyone,

My ex husband and I were divorced in February 2009. We did the paper work ourselves and were in complete agreement about everything. we spent a great deal of time talking things over as we still lived together until the day the papers were filed.

We divided the property this way:

He kept: The house(appraised at $129,000.00 before renovation), 2 vehicles (were his before marriage), 1 motorcycle, all tools, 2 big screen TV's(one giant), 1 19" tv and 1 12' tv. One part to the living room set, one bedroom set (brand new- never used)5 of the 7 computers, surround sound system in bedroom, the dishes, linens, 2 washers and 2 dryers, all materials purchased for renovating the home ($10,000.00 appx.)

I kept: One car, rest of living room furniture, one bedroom set, flat screen TV, upright freezer, washer and dryer, one computer and one laptop and printer.

Debt: He was to pay for all marital expenses including the car I got and the insurance for it until the car was paid off (apprx. $15,000.00), as well as $500.00 a month alimony, and continue my medical insurance. He agreed to pay this because I was under a doctors care then and was not working and could not take care of myself.

I remarried shortly after the divorce and when he found out about it, he stopped paying everything except car and insurance, and canceled my medical ( after I had 2 surgeries this year).

I now owe more than $9,000.00) in medical bills and our MSA has been set aside. He is now saying that he never agreed to anything( I do have proof that he did) and I filed false papers (by the way we went to the court house together - he drove me there- and signed the papers there and filed them). He now wants everything I got form the marriage back, as well as wants me to sign a QuitClaim Deed to the house and drop harassment charges that were filed on him in April '09 - before any MSA negotiations start.

I am not in agreement to any of that.

Could someone please tell me if you "think" I stand a chance if I file a Motion to Reconsider or if I just let it go back to court the way it is and ask for 50/50?

I don't make very much money so to replace everything would be almost impossible.

Thanking you in advance,

Please clarify - was your agreement approved by the court and made part of your final decree?

If so, it is enforceable. If not, it isn't. (In general)

 

[Ohiogal]

He may not have to provide you medical unless you can show it is provided at a reasonable cost. Why should he have to pay for the car you were driving and getting the benefit of -- that is NOT marital debt quite frankly and should have been YOURS. Let your NEW hubby provide you with medical. How much was the mortgage on the house?

 

[inthemiddleadmi]

Ohiogal, mistoffolees

He should have to pay for the car because that is what he agreed to, signed his name to, and the court approved and ordered and made it part of the final decree.

He did not make any mention of having a problem with any of this until he found out I was remarried.

That was the benefit of him getting my portion of the house (mortgage is $849.00). He agreed to pay all that I explained for 2 reasons, 1. because I could not as I was a stay at home wife and mother and under a doctors care and 2. because in exchange for him doing so he kept the house (my part including any equity).

As for the medical insurance, it was $17.00 a month.

 

[mistoffolees]

Ohiogal, mistoffolees

He should have to pay for the car because that is what he agreed to, signed his name to, and the court approved and ordered and made it part of the final decree.

As I said, if it was part of a final decree, it is enforceable. You can go back to court to have him held in contempt for the medical expenses.

Alimony is a special case. Typically, alimony ends upon remarriage of the receiving party. Even if your agreement does not specify that, he can request a modification on the basis of you being remarried and ask the court to end it.