If portions of a divorce decree were not upheld, what is the remedy?
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If portions of a divorce decree were not upheld, what is the remedy?
Husband and wife divorce. In lieu of child support husband agrees to make first and second mortgage payments for 3 years. Decree stipulates that wife must remove husband’s name from loan documents within those 3 years. Judge reprimanded wife during an after-divorce proceeding for not attempting to follow decree. House gets foreclosed. Wife files for bankruptcy. Second mortgage holder now suing husband.
Asked on January 3, 2012 under Family Law, Missouri
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your situation. It seems to be that you are going to need some legal help here. The agreement between you and your ex wife is a contract and her failure to follow was a breach. therefore, you have all the remedies under the law in your state for a breach of contract claim. you should also consider bringing a thrid party action against your wife in the lawsuit by the second mortgage holder. They probably can not sue her directly becuase of the bankruptcy but you can and you should. Good luck.
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