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Divorced June 2016 - Property Settlement Agreement

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TexasGirl-1979

Junior Member
What is the name of your state (only U.S. law)? FL

I am not quite sure where to start so I'll make this as easy to comprehend as possible. After six years of marriage (together 12 years total) I decided to file for divorce due to verbal, emotional and metal abuse (it's documented via voice recordings, emails, texts, etc). Upon agreeing to get a divorce my ex-husband all but demanded we do a non-contested divorce and that we create and sign our own Property Settlement Agreement. He said it would be beneficial to us both to keep lawyers out of it because we would end up paying them more than we actually had. He is 18 years older than me so of course I trusted his judgement (BIG MISTAKE)! When I decided I wanted a divorce I made it very clear that I wanted him to keep the house (which is in his name even though we got it when we were married) because he is older and will retire in the next 7-8 years and I wanted him to have a place that was paid for. With this being said we had over $175,000 in equity. I wanted him to take out a second mortgage or a small loan to pay me $35,000 and he could keep the rest. I offered to take over the car payments on the car he got for me to drive (again in his name only), but he refused to let me so I had to go out and get a new car in my name. Under emotional destress I had been made to sign a Property Settlement Agreement that stated I would be responsible for $7,000 of his $14,000 IRS debt, HIS DEBT from before I even met him, $12,000 for the car (the payoff was $24,000), half of his truck $17,000 (payoff $38,000), half of the mortgage payments UNTIL the house sold $1,100 a month for God only knows how long**************.Bottom line is I recorded the entire conversation as we were going over the Settlement because he was being abusive. I had no choice but to sign it. Once I signed it his first words to me were "You didn't think I was dumb enough to let you take all of my $hit did you". We were divorced in June 2016 and he has made zero attempt to pay me. He said I'd be lucky to walk away with a $1,000 and that I won't see that until he is good and ready for me to, if ever. He said he would sell the house when he was ready, if ever. I found out this morning that he paid the mortgage off in December 2016 which was $155,000. What can be done to get me the $35,000 I asked for? Will I be forced to pay his debts (IRS) as well a mortgage on a house that I do not live in or a car that I don't drive even though he forced me to sign it? He said his lawyer said it was an "ironclad" agreement, but I am not sure if he is trying to scare me. When I texted him this morning that I knew he paid the mortgage off, his response was "Come up with an amount that figures in al the loses I occurred because of your ways and I will consider paying you in advance of the house selling". PLEASE help!!!
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? FL

I am not quite sure where to start so I'll make this as easy to comprehend as possible. After six years of marriage (together 12 years total) I decided to file for divorce due to verbal, emotional and metal abuse (it's documented via voice recordings, emails, texts, etc). Upon agreeing to get a divorce my ex-husband all but demanded we do a non-contested divorce and that we create and sign our own Property Settlement Agreement. He said it would be beneficial to us both to keep lawyers out of it because we would end up paying them more than we actually had. He is 18 years older than me so of course I trusted his judgement (BIG MISTAKE)! When I decided I wanted a divorce I made it very clear that I wanted him to keep the house (which is in his name even though we got it when we were married) because he is older and will retire in the next 7-8 years and I wanted him to have a place that was paid for. With this being said we had over $175,000 in equity. I wanted him to take out a second mortgage or a small loan to pay me $35,000 and he could keep the rest. I offered to take over the car payments on the car he got for me to drive (again in his name only), but he refused to let me so I had to go out and get a new car in my name. Under emotional destress I had been made to sign a Property Settlement Agreement that stated I would be responsible for $7,000 of his $14,000 IRS debt, HIS DEBT from before I even met him, $12,000 for the car (the payoff was $24,000), half of his truck $17,000 (payoff $38,000), half of the mortgage payments UNTIL the house sold $1,100 a month for God only knows how long**************.Bottom line is I recorded the entire conversation as we were going over the Settlement because he was being abusive. I had no choice but to sign it. Once I signed it his first words to me were "You didn't think I was dumb enough to let you take all of my $hit did you". We were divorced in June 2016 and he has made zero attempt to pay me. He said I'd be lucky to walk away with a $1,000 and that I won't see that until he is good and ready for me to, if ever. He said he would sell the house when he was ready, if ever. I found out this morning that he paid the mortgage off in December 2016 which was $155,000. What can be done to get me the $35,000 I asked for? Will I be forced to pay his debts (IRS) as well a mortgage on a house that I do not live in or a car that I don't drive even though he forced me to sign it? He said his lawyer said it was an "ironclad" agreement, but I am not sure if he is trying to scare me. When I texted him this morning that I knew he paid the mortgage off, his response was "Come up with an amount that figures in al the loses I occurred because of your ways and I will consider paying you in advance of the house selling". PLEASE help!!!
Your matter is beyond that for which an internet forum can help. You need to speak to an attorney.
 

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