What are my options for enforcing separation agreement when spouse claims he cannot afford to refinance?

Divorce 2 views 2 answers
My husband and I signed a separation agreement stating I will refinance the house and he will refinance the boat within 90 days of signing. I am in the process of trying to assume the mortgage but was told by the bank that him not refinancing the boat puts a strain on my debt-to-income ratio and may cause problems with my ability to qualify for assumption of the mortgage. My husband has not refinanced the boat because the bank will not allow him to finance it longer than 48 months, which would double the payments on it. He says he can't afford it, but he lives at home with his parents, has a steady income and no debt. He has been staying at motels with women, wining and dining them, and drinking non-stop since we separated so there is no excuse that he can't afford it .

Attorney Answers

2
Thomas West ·
If you have an attorney, your best strategy is to seek advice from him/her. In Tennessee, you may be able to file to have him found in contempt for violation of a settlement agreement. North Carolina law may or may not be similar. Good luck!
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Adam Wilson ArthurDivorce / Separation LawyerGreensboro, NC ·
Generally, if you have a separation agreement which was not incorporated into a Court order and you want to enforce the agreement you must file a lawsuit against your spouse alleging breach of contract. WARNING: Often times separation agreements contain language about how to enforce the agreement, these provisions would control how you would seek enforcement. It could include an arbitration provision which would require the selection of an arbitration. It could include a mandatory mediation provision. It may also allow you to see an order of specific performance. You should consult with a local lawyer.
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