Divorce agreement question

[Kparadis]

What is the name of your state (only U.S. law)? NH

I have been divorced for 3 years now and when I left the house, my ex husband wanted to stay. At the time he couldn't afford to buy me out, so I let him stay with the understanding he would make monthly payments until he had paid in full. After several re-negotiations due to his inability to make the payments, I lastly ended up as a morgatee on the house. He is now on his last payment (due in June) and can't make it. I know I can file a petition for contempt, since he signed an agreement to pay the balance off (now plus interest). What exactly is involved and is it smarter to have a lawyer involved or can I do it myself?

 

[LdiJ]

What is the name of your state (only U.S. law)? NH

I have been divorced for 3 years now and when I left the house, my ex husband wanted to stay. At the time he couldn't afford to buy me out, so I let him stay with the understanding he would make monthly payments until he had paid in full.

Monthly payments to whom? To you for your share of the equity, or to the bank for the mortgage?

After several re-negotiations due to his inability to make the payments, I lastly ended up as a morgatee on the house.

Again, payments to whom? A mortgagee is someone who owes money for the house to the lender. Do you really mean that you ended up with a lien on the house until he paid you your share of the equity, or what?

He is now on his last payment (due in June) and can't make it. I know I can file a petition for contempt, since he signed an agreement to pay the balance off (now plus interest). What exactly is involved and is it smarter to have a lawyer involved or can I do it myself?

Your post is confusing. A mortgagee is someone who owes money to the lender for the house. Is that what you really meant? Or did you mean that you ended up as a mortgagor (him owing you money)?

Please explain what is going on in clearer terms.

 

[Kparadis]

My apologies for the confusion. I am a mortgator on the house (so if he files bankruptcy or forecloses on the house, I am next in line). He makes the monthly payment directly to me per the promissory note he signed. This is the second agreement put in place because he couldn't pay the terms of the previous payment agreement. So he owes me my half of the house and is paying me back monthly for it. June was the last payment to be made.
Hopefully that is a bit clearer.

 

[MFinancier]

What is the name of your state (only U.S. law)? NH

I have been divorced for 3 years now and when I left the house, my ex husband wanted to stay. At the time he couldn't afford to buy me out, so I let him stay with the understanding he would make monthly payments until he had paid in full. After several re-negotiations due to his inability to make the payments, I lastly ended up as a morgatee on the house. He is now on his last payment (due in June) and can't make it. I know I can file a petition for contempt, since he signed an agreement to pay the balance off (now plus interest). What exactly is involved and is it smarter to have a lawyer involved or can I do it myself?

Not sure how much a petition for contempt will help you. For financial issues he will be given a certain amount of additional time to "purge" and comply with the original order. Contempt itself will hinge on his willfullness to avoid paying...if he could pay! If he is held in contempt you'll be awarded fees which could pay for an attorney...but he probably won't pay those either. If it's not much money at stake...you could just let it ride...or try to get a lien against his property if it's a large amount.

 

[mistoffolees]

My apologies for the confusion. I am a mortgator on the house (so if he files bankruptcy or forecloses on the house, I am next in line). He makes the monthly payment directly to me per the promissory note he signed. This is the second agreement put in place because he couldn't pay the terms of the previous payment agreement. So he owes me my half of the house and is paying me back monthly for it. June was the last payment to be made.
Hopefully that is a bit clearer.

Wait a second. This is the last payment he owes you? Unless it's a whopping big payment, it would probably be more expensive to file for contempt than what you'd get out of it. Not to mention the stress.

 

[Kparadis]

I was planning on filing the contempt petition myself. And I don't believe there is any cost to file that paperwork with my town. It isn't a huge payment ($8k) but not willing to just let it ride since I have been doing that since the divorce (in 2004). Is there any other option? I thought bringing in the court to monitor payment would be the best option since right now there is no "push" for him to pay. I could put a lein on the property, however for what he owes that would just be too costly and not worth the effort.

 

[mistoffolees]

I was planning on filing the contempt petition myself. And I don't believe there is any cost to file that paperwork with my town. It isn't a huge payment ($8k) but not willing to just let it ride since I have been doing that since the divorce (in 2004). Is there any other option? I thought bringing in the court to monitor payment would be the best option since right now there is no "push" for him to pay. I could put a lein on the property, however for what he owes that would just be too costly and not worth the effort.

Sounds like you have your answer, then. Go to court and ask for him to be found in contempt. Just make sure you have all your ducks in a row - original order, mortgage documents, and a record of all the payments.

Depending on your jurisdiction, you might be able to get him to pay your legal expenses, in which case there's no reason not to use an attorney. I would at least talk with an attorney about it.