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Motgage and community debt

Posted on: 20th Feb, 2009 02:16 pm
i got a divorce from my husband and in the divorce documents it shows that he had to pay me half of the community debt with the money made from the sale of the house. now that the housing market is down, the house isnt worth what we owe and cannot refinance since we are upside down. what is he responsible for and when will he have to pay half of the community debt?
Hi lcasavan,

As your divorce documents states that he is liable to pay the half of the community debt with the money made from the sale of the house, he will be liable to do that. As far as how he will be paying you is concerned, you need to negotiate with him and decide. When both of you sell the property, you will have to first satisfy the mortgage. After that you can demand your payments from him.

Thanks
Posted on: 21st Feb, 2009 09:22 pm
"What is he responsible for and when will he have to pay half of the community debt?"

He is surely responsible for the principle as well as the interest if he won't pay it in the given time.But even you won't negotiate with him personally you can send him a small reminder about it through a good formatted professional letter urging him to look in to the matter.

Needless to say, you can list your property then wait for a good deal along the way. :wink:
Posted on: 22nd Feb, 2009 05:55 am
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