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LawTalk, Attorney
Category: Legal
Satisfied Customers: 37855
Experience:  I am a practicing attorney with more than 3 decades of experience in the legal field.
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Are there ever cases where a judge may feel a signed

Customer Question

Are there ever cases where a judge may feel a signed contractual agreement is unreasonable and dismiss it?
My ex and I were suppose to sell the house we owned together. At the time we owed more than the house was worth so we decided to rent the house. However, we did not want to have anything in both our name so I agreed to re-finance the house in my name alone. We created a contract that states we are both 50% responsible for any debts or profits related to the house. For over two years my ex has lived in the house and gave me the money to pay the mortgage. Now, my ex has moved and because the house loan is no longer in his name he does not want to be 50% responsible for the house anymore as we agreed to after our divorce. He has not been clear as to why he wont pay for the house now that he has moved but I have gotten the impression that he plan to act like he didn't understand the contract he signed or something along those lines. Does it sound like he may have an avenue to present to the judge that would release him of being 50% responsible for the house?
Submitted: 1 year ago.
Category: Legal
Expert:  LawTalk replied 1 year ago.

Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

So long as the divorce decree or your Marital Settlement Agreement states that your ex is responsible for half of the expenses of the property---the fact that they signed the deed over to you so the property could be refinanced is not a legal basis for them to refuse to continue to pay their share of the expenses.

If the agreement was not made an order of the court in the divorce, then you will have to sue your ex in civil court for breach of contract---but you will be able to get a judgment if they cease paying their share.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,


Expert:  LawTalk replied 1 year ago.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

Please know that I answered your question in good faith, and with the expectation that you would act similarly and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,