E
Eiddenite
Guest
I am interested in seeking legal action against my ex-wife for a default on a loan, but I wanted to give you a little background on the case to see if you think I have a legal right to do so, and if not, is there anything that could be done.
In September of 1998, my wife (then) and I refinanced our mortgage into a 15 year mortgage for the house and farm. It came to roughly a 1800 dollar payment per month, which was slightly more than half of our monthly income due to both of us being teachers, but it was comfortable enough for us, because we still had another half of the salary to live on. In late October (one month later.) she filed for separation and then divorce. It blindsided me, and of course I would of never entered into a new refinanced loan if I had seen this coming. Then came all the fun, she quit making any and all payments towards the house and farm, which left me to make payments or I would loose the house and farm. There never was a written agreed to document that said I was responsible for making payments, although her lawyer wrote in, fictitiously, on a agreement that I had agreed to do so. This document was never signed, thus never journalized, even though a magistrate did hold up part of this false document (verbal agreement) that I did agree to (on the feeding of my infant son, and how it would be done.) Well, to make a long story short, she stuck me with all the payments, and seemed to care less, whether they were made, in fact she didn’t make some payments on some joint credit cards that she held in her possession either. We were suppose to be divorced by January of 1999, but she continued to draw out the court date until, October of 1999. Thus a whole 12 months, then she appealed the final court decisions and left every thing in limbo until just this month (May 2000) I had signed an agreement back in the final hearing (out of court) to take the property (farm and house) and a credit card. So the property was not awarded to me, in lieu of anything else. It basically was not worth her fight because I inherited the farm from my family, and had residency in the house for the past two years. Once again this was a written agreement made outside of the court house with out any involvement by the judge. I guess what I am pointing out is that the property was given to me in settlement for something else. Now for the question, in my final decree it says that I can not hold her responsible for any financial obligation following the decree (something like that). Well, this is financial responsibilities before the decree was signed, that she was obligated for. In fact, if it had been a fast trial and done in reasonable time, I would of sold the property much earlier, but due to her behavior and not having a final decree for such a long time, I was stuck with the high fixed 15 year loan. What I want to do is sue her for her share of what she is responsible for. I don’t have an exact figure yet, but 12 months times 900 dollars is 10,800 dollars. I have been bouncing back and forth on whether to attack her on this issue. But have came to the conclusion that now that I do have the property up for sale (and I will get all proceeds) (because I can no longer afford the payment) that why should I continue to carry the debt that she was responsible for and choose not to take care of. In fact I took on three jobs to save my family farm, and in the process had to settle for being the non custodial parent of my son (which I will go back for and get shared parenting - now that breast feeding is no longer an excuse she can use in the court.) I don’t want to sound vindictive, I just don’t feel that I need to be responsible for debt that she agreed too and left to me. How would you handle this? Would you seek further financial money due to the appeal of the final decree, and the ability to not sell my place until it was finalized? Waiting for your best advice.
Ed Rhoads
Springfield, Ohio
In September of 1998, my wife (then) and I refinanced our mortgage into a 15 year mortgage for the house and farm. It came to roughly a 1800 dollar payment per month, which was slightly more than half of our monthly income due to both of us being teachers, but it was comfortable enough for us, because we still had another half of the salary to live on. In late October (one month later.) she filed for separation and then divorce. It blindsided me, and of course I would of never entered into a new refinanced loan if I had seen this coming. Then came all the fun, she quit making any and all payments towards the house and farm, which left me to make payments or I would loose the house and farm. There never was a written agreed to document that said I was responsible for making payments, although her lawyer wrote in, fictitiously, on a agreement that I had agreed to do so. This document was never signed, thus never journalized, even though a magistrate did hold up part of this false document (verbal agreement) that I did agree to (on the feeding of my infant son, and how it would be done.) Well, to make a long story short, she stuck me with all the payments, and seemed to care less, whether they were made, in fact she didn’t make some payments on some joint credit cards that she held in her possession either. We were suppose to be divorced by January of 1999, but she continued to draw out the court date until, October of 1999. Thus a whole 12 months, then she appealed the final court decisions and left every thing in limbo until just this month (May 2000) I had signed an agreement back in the final hearing (out of court) to take the property (farm and house) and a credit card. So the property was not awarded to me, in lieu of anything else. It basically was not worth her fight because I inherited the farm from my family, and had residency in the house for the past two years. Once again this was a written agreement made outside of the court house with out any involvement by the judge. I guess what I am pointing out is that the property was given to me in settlement for something else. Now for the question, in my final decree it says that I can not hold her responsible for any financial obligation following the decree (something like that). Well, this is financial responsibilities before the decree was signed, that she was obligated for. In fact, if it had been a fast trial and done in reasonable time, I would of sold the property much earlier, but due to her behavior and not having a final decree for such a long time, I was stuck with the high fixed 15 year loan. What I want to do is sue her for her share of what she is responsible for. I don’t have an exact figure yet, but 12 months times 900 dollars is 10,800 dollars. I have been bouncing back and forth on whether to attack her on this issue. But have came to the conclusion that now that I do have the property up for sale (and I will get all proceeds) (because I can no longer afford the payment) that why should I continue to carry the debt that she was responsible for and choose not to take care of. In fact I took on three jobs to save my family farm, and in the process had to settle for being the non custodial parent of my son (which I will go back for and get shared parenting - now that breast feeding is no longer an excuse she can use in the court.) I don’t want to sound vindictive, I just don’t feel that I need to be responsible for debt that she agreed too and left to me. How would you handle this? Would you seek further financial money due to the appeal of the final decree, and the ability to not sell my place until it was finalized? Waiting for your best advice.
Ed Rhoads
Springfield, Ohio