Legal Question in Family Law in Connecticut

I am currently being divorced by my wife in CT (it has not yet gone to court; the date is May 24). The agreement (which has been signed) stipulates that I "shall" quit claim the deed to our house to her, but

only that she shall "make a good faith effort" to assume sole financial responsibility. Our mediator has told us that if this is unsuccessful, I have no legal protection from the lienholder should she default.

Additionally, since she began proceedings, she has added new personal debt in the form of a new credit card, and a $20,000+ new car loan, this last after the agreement was signed, which agreement states

she keeps her car, which then was a free-and-clear minivan, and I keep mine,also free-and-clear. It's my opinion, and that of people with whom I have consulted, that all this new debt runs counter to the

aforementioned "good faith effort" (GFE). Also, in my reading of the agreement, I see no language stipulating precisely WHEN the GFE or my signing over the house must occur. I ALSO am pretty sure she

used my income information to obtain all this credit, because even though she makes significantly more than I do, I still don't see all this being approved based on her income alone, not with a $235,000 home

loan over her head.

So--here it is. A) Is she allowed, by law, to accrue significant new debt while in divorce proceedings? B) While in proceedings, is she still allowed by law to use my income info to obtain credit? And if so, I

would presume that applies to me as well. C) Given these events, which make it much less likely, if not impossible, for her to assume all liability for the house, am I able to request, in court, that the judge

modify the decree to the effect that I "shall quit claim, etc" ONLY in the event that she is successful in rewriting the loan, as she has enagaged in actions that any reasonable person would know would reduce

the likelihood of that?

Thanks.


Asked on 4/25/12, 8:12 am

1 Answer from Attorneys
Bonnie Lee MacDonald Law Office of Bonnie Lee MacDonald

Once divorce papers are filed, the automatic orders are in effect. Neither party can incur additional debt or dissolve assets. If she purchased the new car without your consent, she is in violation. You do not have to agree to anything until it is made an order of the Court.

However, the Judge will not modify your agreement. If you cannot agree, and you will have to have your financial matters decided at a contested trial.

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Answered on 4/25/12, 8:44 am


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