Legal Question in Family Law in Oregon
Am I in breech of contract?
I recieved the house in my divorce. I was to sell or refiance by June of 2003. My ex and I were on good terms and he let it slide that I wasn't able to refiance because of my low income.I'm able to afford the house payments because of the spousal support from him. Now(Dec.2003) he isn't making the amount of money he used to and he wants to revise the papers so he can pay less child support and spousal support. I won't be able to afford the house so I am going to put it up for sale, will anything hinder this because I didn't do this according to the divorce papers. Will he have any legal hold on the house? What should I do?
1 Answer from Attorneys
Re: Am I in breech of contract?
Technically, YES, but your husband has not enforced the decree that required you refinance and remove his name from the home. In order to enforce the decree, you ex husband could apply to the court for your being in contempt. Your defense is that you were unable to refinance and you are now in the process of selling.
If he does not ask a court to find you in comtempt, you sell the house and take his name off of the title, you will be complying with the decree (although a bit late).
You would be wise to find an attorney to discuss his request that spousal support be reduced. If he reduced his income in order to reduce his child support or spousal support payments, he may not be able to reduce his support payments. If he was laid off and jobs are hard to find, he may be able to reduce his support payments.
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