Hi Lucy:Thank you for your thoughts today. Below, please find the answers to your questions
Why is the ex-wife paying the home equity loan at all if she's claiming not to have any obligation to pay it?
She hasn't "verbally" stated she isn't going to pay it and is paying it monthly, but as soon as he requested she follow the divorce
agreement and pay it off, she dropped her payments to the lowest amount allowed. My friend called the bank and they advised all she has to do is come in and fill out the paperwork to have his name removed. She doesn't have to refinance. There is no cost to change it.Was this specific account discussed at all when they were talking about the settlement agreement? Yes, verbally. Also, they prepared a spreadsheet showing all of the debt. I am obtaining that document now for review to see if this was included.Was there anything stated like "all mortgages" or "all liens" would be paid rather than "the" mortgage? Say theThe settlement document says under "Real Property":
Husband and wife agree that the former marital residence consists of a residential dwelling and real estate located at _______, WV. The parties agree that Wife shall retain sole ownership of the marital home. Wife will be responsible for payment of insurance thereon as the same becomes dues and payable. Within 45 days of the Family Court's adoption of the terms of this contract, Wife will pay off or otherwise refinance the current mortgage on said residence and shall hold Husband harmless from any liability arising therefrom and any other expenses related to said residence which are incurred after the date of separation
. Wife shall be responsible for all as valorem real property taxes on the subject property.Under "Debts of the Marriage" the doc says:Except as otherwise provided herein, each party warrants that there are no other debts or obligations, including, but not limited to, education loans, car loans, credit card obligations, mortgages, or installment obligations of either party for which the other party is or could become liable, and each party specifically agrees to indemnify and hold the other harmless from any liability, loss or expense arising therefrom.
Or did the agreement say "The purchase money mortgage"? No, please see above. Did they list any specific accounts in the agreement? Obtaining the spreadsheet.Is he just trying to get her to refinance the property in her name only? Yes, he just wants his name off of the loan. She doesn't have to pay it off.Is she receiving alimony? Yes, 24 months ending on February 7, 2017.