On Wed, 25 Feb 2004, "damien" <hello@nowhere.com> wrote:
A oversight was made in the separation agreement
between my ex and I. It was not stipulated that
the house be refinanced and it has already been
quit claimed over. Anyway to force my ex to refinance
or am I out of luck?
You will almost certainly will be able correctly to answer your own
question if you answer for yourself:
To what (IF any) extent do you mean "oversight" in the sense of
- there being near indisputable documentary proof
that you and your former wife had agreed before
you signed your separation agreement that a
refinancing-solely-by-her undertaking shall have
been included therein but that the two of you
mutually made a mistake in your both just forgetting
(because of an "oversight"?) to include such a
previously agreed provision in the final/signed version
compared with
- your not having obtained your former wife's agreement
to such a provision and then (by your "oversight") you
having chosen to sign the separation agreement not
containing that provision anyway?
If your former wife had not agreed that she would obtain a mortgage on
the former marital residence solely in her name within some also
agreed period so that, as between you and the mortgage lender (as
distinguished as between you and your former wife), you are still
liable on the mortgage note/bond if she defaults in making the agreed
mortgage payments (or are you also suggesting that another "oversight"
of in/by your separation agreement is that you had agreed to continue
making such payments?), what (IF anything) has she _done_ with respect
to that property and mortgage that is not in accordance with the
terms/provisions of your separation agreement (or, if relevant, in
acordance with with the judgment of divorce) that _ought_ entitle you
to the relief you imply you would only belatedly seek?
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