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Please let me know if my answer is helpful to you. The website has been experiencing system failures lately -- consequently many customers are not receiving my answers. Thanks again.
Thank you for your response, for your observations and insights. While I am not a legal professional, but have worked closely with several in the past, you have quickly and conscicely highlighted and confirmed the major concerns I had with this agseement.
Would you have any recommendations for the Husband in this case, since it is in his interest I am inquiring?
I appreciate your outstanding overview, and this will clear many questions.
Thank you for this response and suggestions. I completely agree that the current Divorce Agreeement is insubstantial in completing the divorce transaction with any finality. I do believe it was a step towards a complete separation in a situation where one party was completely unreasonable, and continued to stall important decisions. Again I agree the language I see here does not appear to directly defined by any logical parameters, dates, etc, and thus may be very difficult to enforce. Of note, is that bankruptcy has been considered as a means of executing the closure of the mattter of real estate, considering the credit of the Husband has been adversly affected by the non-payment and slow payment of the Wife.
One last questions, if I may. The title to the real estate, was transferred from the Husband to the Wife. What rights and liabilities does this transfer grant the current title holder, and what exposure does the former title holder have? I suspect, you may have covered/alluded to this in the following response you provided above. If I understand this statement correctly, would you consider self imposed bankruptcy to be a resolution for the closure on this transaction for the Husband? Your assumptions about the Wife's ability to pay the mortgage are indeed correct.
" However, this sort of language always fails to acknowledge the fact that if there is a lender, that lender has no obligation to follow the orders. Consequently, the lender can try to recover from husband for failing to pay a mortgage, if wife does not pay. This also causes damage to husband's credit report. "
Many thanks, KC
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