Minnesota  |  Family Law

Legal Question

Asked on: 7/08/09, 5:08 pm

Decree wording

Below is the wording directly from my decree. Is it possible that I can after reasonable time and house not sold that hope that ex should pay one-half of the mortgage as shown? There appears to be a contradiction. I just need to know if I have a case at all. No kids in home (22 & 25).

“Said homestead shall be sold by March 1, 2006; if said homestead is not sold by March 1, 2006 Respondent shall be responsible for one-half of the mortgage payment, commencing March 1, 2006 and continuing until the sale of the house.

Commencing March 1, 2004, and continuing until the sale of the parties homestead, the homestead shall be occupied by Respondent and Respondent shall be solely responsible for all payments for the homestead, except the mortgage payment (PITI_ which shall be paid by Petitioner.”

Ex is alcoholic and does nothing to support herself in anyway. My financial situation continues to deterioriate. I'm always on time with spousal obligation...not disputing that (Karin waiver)however the mortgage is adjustable and I have received a pay cut. Financially I am very close to ruin. Ex does not work and does very little with daily upkeep to keep presentable for sale due to alcohol & drug abuse.

What are your thoughts?

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