Legal Question in Family Law in New York
Property Assumption
My ex-husband is claiming that, since our seperation agreement states he will assume all bills and ownership of our coop apartment, he doesn't have any obligation to put forth any effort to have my name removed from our mortgage and stock certificate (because I won't give him my address � I don't even have a clue what he'd want to send, but I have been telling him for the past 2 years to send all to my parent's house because I see them often and will receive quickly).
I keep trying to encourage him to call our bank lender and get the facts, but he continues to refuse.
I had an attorney write him a letter and send it certified, but he hasn't picked up the letter. What do I do now???
� hasn't picked up the letter (it's been 2 weeks)
� hasn't called the bank to inquire with the Assumptions Department
� he keeps telling me that I am in breach of contract because I didn't give him my forwarding address, so now it's his choice to have my name taken off the mortgage.
I am so nervous at how much it will end up costing me if I have to take him to court, but I'm beginning to think I have no choice?
2 Answers from Attorneys
Re: Property Assumption
We run into this problem all of the time. The mortgage holder is not part of your legal separation agreement, and is not bound by it. They most certainly want to have two people to go after then just one.
The mortgage company is under no law to remove your name from the mortgage.
Since all you have is a separation agreement, when you convert it to a divorce you can settle it at that time. - which could even include the sale of the coop apartment- to remove the liability.
If you need any further help, please feel free to contact me.
Re: Property Assumption
We run into this problem all of the time. The mortgage holder is not part of your legal separation agreement, and is not bound by it. They most certainly want to have two people to go after then just one.
The mortgage company is under no law to remove your name from the mortgage.
Since all you have is a separation agreement, when you convert it to a divorce you can settle it at that time. - which could even include the sale of the coop apartment- to remove the liability.
If you need any further help, please feel free to contact me.
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