# Legal Advice please?



## jhunter28 (Jun 26, 2012)

I have never posted here before and I was wondering if someone can tell me if you sign an property settlement can you go back and have it modified. Here's my story..........I have been separated going on 4 years, hired an attorney and filed 3 years ago, since that time I have been making a $2000 mortgage I can not afford. I even made it when my husband lived there and I didn't because he said he would let if foreclose. Had court hearings and he was supposed to pay 1/2 the mortgages but never did. My lawyer never pushed it either. We own 24 acres with our land and finally I agreed to just give him 12 acres of it so I could sell the house to get out from under it and I signed the settlement. Now it 1 1/2 later and just finally subdivision was denied and could take up to a year because he is splittling into 4 lots. I can't keep house for another year. I am house poor. I want to fire my attorney and find another, just wondering if there is anything I can do since I signed agreement.


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## survivorwife (May 15, 2012)

jhunter28 said:


> I have never posted here before and I was wondering if someone can tell me if you sign an property settlement can you go back and have it modified. Here's my story..........I have been separated going on 4 years, hired an attorney and filed 3 years ago, since that time I have been making a $2000 mortgage I can not afford. I even made it when my husband lived there and I didn't because he said he would let if foreclose. Had court hearings and he was supposed to pay 1/2 the mortgages but never did. My lawyer never pushed it either. We own 24 acres with our land and finally I agreed to just give him 12 acres of it so I could sell the house to get out from under it and I signed the settlement. Now it 1 1/2 later and just finally subdivision was denied and could take up to a year because he is splittling into 4 lots. I can't keep house for another year. I am house poor. I want to fire my attorney and find another, just wondering if there is anything I can do since I signed agreement.


Was there an expiration date on the Agreement you signed? Where his payment that he never paid part of that or a condition of that Agreement? What was your "consideration" (what you stood to gain) as part of the Agreement? Did he meet that condition?


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## jhunter28 (Jun 26, 2012)

There really isn't an expiration date the only thing it states is the longer it takes him to subdivide the more time I have to sell or refiance. I will foreclose before that happens and I wouldn't be suprised if his parents and him have a deal that they could go save the house as we have plenty of equity in house and land.


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## PBear (Nov 16, 2010)

Why did you let the mortgage thing slide? Your lawyer works for you, so start getting him to do what you want. Or talk to a new lawyer, bring all your paperwork, and explain what you want to accomplish. Get another opinion about what to do.

C
_Posted via Mobile Device_


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## jhunter28 (Jun 26, 2012)

I just made an appointment with a new lawyer, unfortunately I can't get in until July 11th. I plan on firing my lawyer as he never pushed the issue like he said he would. He kept saying we will give him 30 more days which is 6 months in lawyer terms......I am just desperate, maybe I took it easy on my x because I still loved him. I thought he was done having power over me but I guess even 4 years later he still does, just financially now.


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## survivorwife (May 15, 2012)

jhunter28 said:


> There really isn't an expiration date the only thing it states is the longer it takes him to subdivide the more time I have to sell or refiance. I will foreclose before that happens and I wouldn't be suprised if his parents and him have a deal that they could go save the house as we have plenty of equity in house and land.


Looks like the denial of the subdivision buys you more time. Apparently you agreed to sell or refinance, so why have you not done so, since you agreed to this? If there is plenty of equity, then, even if you sell to the inlaws, you make a profit, right? Could your lawyer not deduct HIS payments at settlement to compensate you for paying the whole thing?


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## jhunter28 (Jun 26, 2012)

I can not sell or refinance until subdivision in completed and the parents in laws would not just buy it from me they would wait until foreclosure and then go save it under their names and I would left with nothing and he gets everything.


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## survivorwife (May 15, 2012)

jhunter28 said:


> I can not sell or refinance until subdivision in completed and the parents in laws would not just buy it from me they would wait until foreclosure and then go save it under their names and I would left with nothing and he gets everything.


Ahhhh, now I get it. So the real problem is that he has not helped you with the current mortgage payments. You can't sell/refinance until the subdivision is complete - another year.

I see you are going to another attorney. Good. Have him draft a new Agreement, an Addendum to the old, in which your H's financial obligation is clear. Is there anything in writing anywhere that he would pay half the mortgage? If so, is it dated? He would owe you from that date. (His folks can loan him the money to pay you to current. Your lawyer could incorporate that financial obligation into a current document, and/or make a demand for back payments to you.

All is not lost - yet. There is potential here for you to get your money from him.


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## jhunter28 (Jun 26, 2012)

Thank you survivorwife for the words of encouragement. I lose confidence in that sometimes and I guess I have no one to blame but myself because I never wanted out marriage to come down to money, but I guess it always does when it ends in divorce. He is a mean and hateful person and will do anything to hurt me and I just can't be like that to ppl. 

I just found the lawyers website (new one I want to retain) and sent him an email with the explanation of my situation asking him if I had some kind of recourse and if he could get me in sooner than July 11th......so keep your fingers crossed for me!


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## carrieJ (Jul 3, 2012)

I'm no legal expert but I would definitely fight for the money for the mortgage. best of luck with your new lawyer, I hope he will get you what you only deserve. Have you considered paying for advice to see if you have a case? it saves your money being wasted on lawyers when there isn't really a case to begin with. The barrister will advise you if there is any point in pursuing further before spending any more money. Advise Me Barrister – Public Access Barristers & Barristers Direct Access, UK offers this. Again, best of luck!


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## Runs like Dog (Feb 25, 2011)

Get a lawyer would be my advice.


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