My husband and I borrowed $700,000 in the US to build a vacation rental property in another country. We borrowed the money against the equity we had in a commercial building we jointly own. Years later we divorced. He wanted the vacation rental property and offered me a buy out price for my half. I accepted and signed the property over to him. He owns it free and clear, since the loan to build it was on the US property. He gets all of the income from the bookings of the vacation rental. But, I am still paying half of the loan of the commercial property in the US that is really the mortgage for the vacation property. I feel this should have been changed at the time of the divorce, and the loan should be his responsibility. Our joint financial attorney didn't suggest any change and I didn't think to do it at the time of the divorce. My ex-husband passed away recently. The commercial property has been sold and the loan will be paid off at closing, equally from each of us. I have paid $70,000 for half of that interest only loan since the divorce. Can I file a claim against his estate to be reimbursed for the $70,000 I have paid on that loan for the vacation property?
1 Answer from Attorneys
Of course you can't. Your feelings don't matter. Your divorce decree is all that matters. If the divorce decree does not provide for you to be paid this money then you have no claim. You should have gone over this with your attorney when you got divorced.