Am I responsible to continue to pay on a bank note if my name is not on the note but agreed to pay in divorce papers? 18 Answers as of March 22, 2013

I signed the divorce papers in 2011. The divorce was quite nasty and I signed quickly to be done with the process. I agreed to pay on a bank note that my name is not on until my ex spouse refinanced the home to help her out. My name is nowhere on the mortgage or deed. Recently, she has told me she has no plans to refinance and is only doing this to be spiteful. I cannot pay on this for the next 25 years, which is how long the original note is for. Can I change this even if the divorce was uncontested?

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Rebecca Rainwater
Rebecca Rainwater | Rebecca Rainwater
Go to court and show court she has not complied with the agreement to refinance the loan. Her failure to act in good faith is a breech of the terms.
Answer Applies to: California
Replied: 3/22/2013
Attorney at Law | Aimee C. Robbins
That depends on what your Judgment of Divoce and/or Separation property settlement agreement states. If you are under a court order to pay on the note, you must continue paying. If your divorce further states that your ex-spouse has to refiance the note or sell the property by a certain date, you can enforce that obligations under the court's contempt powers.
Answer Applies to: Maryland
Replied: 3/21/2013
John Russo | John Russo
You need to see a good family law attorney, you are not giving enough info here to give you any type of advice, need to see how the agreement or order is actually worded as it relates to this issue, was the refinance clause included? And if so why was there not a time frame placed on it, this could be a form of spousal support which could be opened ended, not blowing you off but the entire clause word for word needs to be disclosed.
Answer Applies to: Rhode Island
Replied: 3/21/2013
S. Joseph Schramm | Joseph Schramm
If, as part of your divorce, you agreed in writing to assist your spouse in paying her note then it depends on whether you agreed to pay on the note unconditionally or until she procures refinancing of the loan or if you agreed to help with payment for only a specific period of time. If your spouse is not making a good faith effort to procure refinancing you might be able to obtain relief from the courts either through family division or civil division. Of course, if the agreement to make the payments was an oral agreement, its enforcement would probably be barred by the Statute of Frauds. It requires that a contract for the sale of interest in real estate be in writing to be enforceable and a home equity loan would fit this requirement.
Answer Applies to: Pennsylvania
Replied: 3/21/2013
Dennis P. Mikko Attorney at Law | Dennis P. Mikko
If there is a court order requiring you to pay you will have to pay unless you can get the cout order changed. If she refuses to refinance you might want to file a motion with the Court asking for relief from the payment provision. You should seek the advise of a local attorney.
Answer Applies to: Michigan
Replied: 3/21/2013
    Law Office of Angela M. Riccio | Angela M. Riccio
    You are obligated to perform what you agreed to pursuant to the final Judgment for Dissolution of Marriage. It may be that you have options to revisit the terms of the Judgement. I suggest you contact an experienced family law attorney relative to your issue.
    Answer Applies to: Illinois
    Replied: 3/21/2013
    Carey and Leisure | John Smitten
    If you agreed to it in divorce court then yes.
    Answer Applies to: Florida
    Replied: 3/21/2013
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    You can move the court to amend the judgment of divorce based on changed circumstances. You can also move to have her held in contempt for not doing what the divorce judgment says she should do. Finally, a bankruptcy if it is otherwise a good idea can relieve you of the obligation on the mortgage note. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 3/21/2013
    Law Offices of Frances Headley | Frances Headley
    You should bring a motion to have the court look at this issue. If she is failing to abide by the Judgment, she can be found in contempt. You should consult a family law attorney to assist you with the motion.
    Answer Applies to: California
    Replied: 3/21/2013
    Diana K. Zilko, Attorney at Law
    Diana K. Zilko, Attorney at Law | Diana K. Zilko
    If the agreement you signed says that she is to refinance within a certain time period, and she has failed to do so, you can go into court and ask the judge to compel her to do so. If she cannot, then you can ask the judge to order the property sold and the note paid out of the proceeds. It really comes down to what the agreement/judgment says.
    Answer Applies to: California
    Replied: 3/21/2013
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You cannot be forced to pay by the creditor. Your spouse, however, may seek to enforce the order by filing a motion for contempt.
    Answer Applies to: Minnesota
    Replied: 3/21/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    You might file a motion for clarification to say that, because you are only to pay until the house is refinanced, that there should be a time limit on the refinance and, if it is not done, that the house should be sold. It might or might not work.
    Answer Applies to: Idaho
    Replied: 3/21/2013
    Danville Law Group | Scott Jordan
    Yes, you are stuck with the payment unless you are able to get the judge to release you from that term of the agreement, since your ex did not negotiate in good faith and has no plan to refinance the loan.
    Answer Applies to: California
    Replied: 3/21/2013
    Fran Brochstein
    Fran Brochstein | Fran Brochstein
    If her name is on the note then the bank will look only to her for repayment. If your name is not on the mortgage then the mortgage company does not know that you exist. However, if agreed in the divorce decree then you "contractually" agreed to pay the mortgage. She will have to sue you in court. You need to talk to an attorney about this in person. If she agreed to re-finance the note, then she also agreed to do something in the final decree of divorce. As you can see, it is rather complicated. I cannot give you legal advice without reviewing your decree of divorce personally.
    Answer Applies to: Texas
    Replied: 3/21/2013
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    You have a huge problem and you need a divorce lawyer. Before you do anything, talk to a divorce lawyer. And do that soon.
    Answer Applies to: New Jersey
    Replied: 3/21/2013
    It's probably too late to contest it. See an attorney.
    Answer Applies to: California
    Replied: 3/21/2013
    You will have to go back to court to either force her to refinance or to amend the decree so you no longer have to pay the note. The decree is a contract and based on what you are saying she is obligated to refinance.
    Answer Applies to: Nevada
    Replied: 3/21/2013
    Reger Rizzo & Darnall LLP | Kathleen DeLacy
    If it was an order of the Court you can file to amend it. If not an order you can still file in Court to revise.
    Answer Applies to: Delaware
    Replied: 3/21/2013
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