250jeepers
New Member
Hi there,
I was hoping someone here might be able to give advice. Legal aid and the law clinic have said they're unable to help.
I'm sorry if there is extraneous detail... I just don't know what to leave out and what might be useful!
My husband and I separated December 2008, and signed a separation agreement at the end of January, 2009.
Among the debts for which he accepted "sole and exclusive liability," and "indemnifi[ed] and save[d] harmless Party 2 (me) of and from any and all liability" in the agreement was the mortgage for our Matrimonial home, which we hold in joint tenancy.
The agreement as signed, in which husband is party 1 and I am party 2, states that:
While he is currently not working, I do know that he was gainfully employed for some time this year but made no effort to obtain a mortgage (and also tried to keep it from me that he was employed).
I am of good mind to take this to a lawyer and take it to him, as he does get the better deal in the separation, and I feel that I could likely challenge things, but I would much prefer he simply get the mortgage, take the house (which he wants anyways) and have this done with.
How should I go about enforcing the terms of this agreement? I am low income and worry about the expenses involved with a lawyer. Please let me know if there is more info I can give or verbiage I could quote from the agreement.
Thanks in advance,
250jeepers
I was hoping someone here might be able to give advice. Legal aid and the law clinic have said they're unable to help.
I'm sorry if there is extraneous detail... I just don't know what to leave out and what might be useful!
My husband and I separated December 2008, and signed a separation agreement at the end of January, 2009.
Among the debts for which he accepted "sole and exclusive liability," and "indemnifi[ed] and save[d] harmless Party 2 (me) of and from any and all liability" in the agreement was the mortgage for our Matrimonial home, which we hold in joint tenancy.
The agreement as signed, in which husband is party 1 and I am party 2, states that:
"Upon obtaining gainful employment, the Party 1 will obtain sufficient financing to discharge Party 2's mortgage obligations..."
While he is currently not working, I do know that he was gainfully employed for some time this year but made no effort to obtain a mortgage (and also tried to keep it from me that he was employed).
I am of good mind to take this to a lawyer and take it to him, as he does get the better deal in the separation, and I feel that I could likely challenge things, but I would much prefer he simply get the mortgage, take the house (which he wants anyways) and have this done with.
How should I go about enforcing the terms of this agreement? I am low income and worry about the expenses involved with a lawyer. Please let me know if there is more info I can give or verbiage I could quote from the agreement.
Thanks in advance,
250jeepers