My ex-wife and I purchased a home together in 2006 in North Carolina. We were divorced in 2008. In our decree it states that my wife is supposed to pay half of the morgage until the home is sold. However, I took the home off of the market after 6 months due to market values and not being willing to lose so much money on the house. During that time I told my ex-wife that she did not need to continue to pay the morgage considering I had decided to remove the listing. Now, I am remarried and wish to sell the home no matter the loss of money because we want to move into a different community. My ex-wife is still on the deed of the home. Is she liable to cut the loss of the home with me? I do not feel I should have to lose all the money due to the fact that my ex-wife is the one that decided on the home. Thanks in advance.
1 Answer from Attorneys
Your questions are impossible to answer without looking at your agreement and / or divorce judgment. However, if all she is responsible for is paying one half of the mortgage until the house is sold and you released her of that obligation, it is certainly not fair for you to now request reimbursement of those missed payments.