Question about seperation papers

[taterbug]

Hi. My fiance and his soon to be ex had seperation papers filed several months ago. Back in june I think. They have been seperated since Jan though. Anyway he was in Kuwait when the papers got signed and filed. According to the papers his ex gets the house and she had 90 days from signing the papers to have the house refinanced and put into her name only. She has not done this. The house is still in both their names. She isnt working right now and I dont know how the mortgage is getting paid. I am worried that this will come back to bite us when we try to buy a house one day if she has been late on the payments. Also he says that since she has broken the seperation agreement the papers are worthless. In the papers it says he will keep insurance on her until the divorce is final. She is pregnant with some guys baby. He wants to drop her from the insurance so he doesnt have to pay for it since she broke the agreement. Are the papers any good anymore? How can he make her refinance the house? Can he drop her from the insurance?

We are in NC and any help would be appreciated.

 

[seniorjudge]

Without reading the papers, no one can tell you what they mean or what the effects are.

But your sweetie is still liable for the mortgage and needs to keep paying it so his credit does not get ruined.

 

[Duranie]

Does your fiancee have an attorney? Is he still deployed? Either JAG or a civilian attorney should be able to help.

He needs to go to court and ask for the house be refi'd or sold. If his name is on that mortgage and she is not making payments, his credit will be trashed.

Do the courts know that she is pregnant? Even though it is not his baby, most states will not finalize a divorce with when the woman is preg. He might need to dispuite paternity after the birth to ensure he does not have any responsibility over this child. In most states, the husband is the automatic legal father when a child is born in a marriage.

He really should see an attorney.

 

[taterbug]

Yes he has the attorney that drew up the papers. There is no way the baby is his. He was in Kuwait when she got pregnant. I am not even sure if she is telling the truth about being pregnant. She isnt showing and if she is pregnant she would be about 4 or 5 months now. All the papers say is that after signing the papers she had 90 days to refinance. The courts do not know she is pregnant. We didnt even know until about a month before she came home. I will have him try and make an appointment with a JAG lawyer when one comes to his reserve center. Thanks for the replies!!