Posted on: 17th Feb, 2010 01:28 pm
Hi,
I got divorced 2 1/2 years ago in which my husband and I split everyting via a post nup agreement. In the agreement I get $1,000 a month for 4 years as long as I do not sell the parcel of property (my home). I am recently remarried and refinanced so I could get my ex husbands name off the mortgage and my ex refinanced an investment property that he got in the divorce getting my name off of that mortgage. Well the deed was changed adding my husbands name as well as mine and my ex husband is claiming that this is considered a sale so he no longer has to pay the $1,000. I still own and live in the home. Is this considered a sale? I live in PA if that makes any difference. Any guidance would be helpful.
Thanks-Maddie
I got divorced 2 1/2 years ago in which my husband and I split everyting via a post nup agreement. In the agreement I get $1,000 a month for 4 years as long as I do not sell the parcel of property (my home). I am recently remarried and refinanced so I could get my ex husbands name off the mortgage and my ex refinanced an investment property that he got in the divorce getting my name off of that mortgage. Well the deed was changed adding my husbands name as well as mine and my ex husband is claiming that this is considered a sale so he no longer has to pay the $1,000. I still own and live in the home. Is this considered a sale? I live in PA if that makes any difference. Any guidance would be helpful.
Thanks-Maddie
Hi Maddie,
If the property was solely in your name, then removing the name from the mortgage docs will not be considered as a sale. I would suggest you to contact an attorney and discuss the whole situation with him. He would let you know whether or not your ex would be responsible to pay the agreed amount.
If the property was solely in your name, then removing the name from the mortgage docs will not be considered as a sale. I would suggest you to contact an attorney and discuss the whole situation with him. He would let you know whether or not your ex would be responsible to pay the agreed amount.