What are my legal obligations with regards to the indemnify and hold harmless clause? 2 Answers as of August 07, 2017

My now ex-husband and I are co-borrowers on the mortgage for a marital home purchased in 2007. In our Separation Agreement signed in 2015, my ex-husband and I agreed that my ex-husband would "transfer his interest in the Marital Home to me; would waive and release all rights of dower, courtesy, homestead, equitable distribution, and all other rights, title and interests in and to the Marital Home; and would execute a quitclaim deed conveying his interest in the Marital Home" to me. I, in turn, agreed to "be solely responsible to pay all encumbrances registered against the Marital Home; and indemnify and hold [my ex-husband] harmless from and against all obligations and expenses arising out of or relating to the Marital Home." My ex-husband and I subsequently executed a quitclaim deed where he gave the marital home to me. Our divorce decree was issued in early 2016, and the separation agreement was incorporated into the divorce decree. Can my ex-husband sue me if I am not successful in removing his name from the mortgage loan, either via attempting to assume the loan in my name only, or via refinance, or is my obligation under that clause simply to continue making the mortgage payments in a timely manner?

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Law and Dispute Resolution Office of Robert L. Baum
Law and Dispute Resolution Office of Robert L. Baum | Robert L. Baum
If the separation agreement was properly drafted there should be another clause somewhere in it that says you are obligated to get his name off of the mortgage, through refinance, assumption or otherwise, within a certain amount of time, and if you don't do so then the house will be sold. If there is no clause requiring you to get his name off of the mortgage then, from what you've posted, there does not seem to be an obligation for you to do so. Be sure to read the separation agreement carefully and look for other clauses that might relate to the mortgage.
Answer Applies to: Maryland
Replied: 8/7/2017
Attorney at Law | Aimee C. Robbins
Yes he can sue you for not making the mortgage payments however i would need to read the whole Separation agreement to answer your second question.
Answer Applies to: Maryland
Replied: 7/24/2017
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