ex hubby wants more

[blader212]

A few years ago, my husband and I divorced. I assumed the mortgage by agreeing I would pay him back his share of down payment and then some, which I did. At that time, the mortgage was only a few months old. Soon afterwards, the paperwork for the mortage was all done, and I have been the sole owner since.

We also had a unofficial side agreement that I pay him more since he didn't want anyone (the government) to know that I'd give him more. I didn't agree to this but signed it to get this divorce/mortage assumption over with. This was not notorized or bound to any legal document. Now the value of the property has skyrocketed and he wants more out of me on top of what we had unofficially agreed on. I am so angry, I don't even want to give him the unofficially agreed amount. Do I have to pay him a dime? I paid enough the first time around.

-Patty

 

[Michael Wechsler]

If it's not in writing and your ex is demanding money for purposes which are illegal -- I think you can come to what the obvious potential conclusion could be! This would be a difficult position to take in court if it even would come to that! ("It was done so I could cheat the government...") It may be debatable as to whether this "side agreement" was ever truly part of the bargain. It would seem that your ex is in a difficult position and possibly should have been happy receiving any amount that was not within the four corners of your divorce agreement... Note that most agreements state that the writing is what governs in the agreement and that any contemporaneous verbal agreements are not incorporated within the agreement (not absolute protection, but would need to be proved and it would seem tough to accomplish here).

 

[blader212]

what if there was

what if there was a piece of paper signed by me saying I'd give him say 500 dollars? Not notorized, not part of the mortgage assumption agreement. Am I bound to this? His whole purpose of this was to not report it to anyone. Now he is also asking for more since he said that we verbally agreed that I'd give him more, I don't remember this....I think he needs mental help.

I'm starting to feel sorry for him.

Thanks for your help!

-Patty

 

[Michael Wechsler]

He can say whatever he wants but without paper he will probably have a most difficult and expensive time proving a weak case regarding any additional money. I would highly doubt that he would go to court and is likely playing a mental game to intimidate you into handing over more cash.

The law is that a deal that is illegal is void (nobody can sue if someone breaches such a deal, e.g. A gives B $500 for cocaine which is never delivered -- A cannot sue B for the $500). It is difficult to say where this case falls. However, it seems as though you are in a superior position of leverage. One can also wonder what might happen if someone reported the money you paid and continue to pay to the IRS (it may have value to you as a deduction) and that his conduct might come under investigation as a result.

I cannot tell you what to do but perhaps you should take him as seriously as you believe you should take him...