How to sue an ex-spouse for money owed?
Question Details:
My ex and I bought a house a few years ago. I made the down payment and he payed the mortgage. The loan was in my name only but the house was in both our names. The whole deal fell apart and he was to pay me back for the down payment. But he stopped making payments when I filed my taxes and claimed the house. He also let the mortgage go into foreclousure before he finally got it refinanced so my name is no longer attached to the house in any way. I have a simple unnotarized document saying that he was going to pay me back the money that he owed me for the down payment. Will this hold up in court? What I really want to know is whether he can get me in trouble for claiming the house while he was "making" the payments if I take him to court?
You may enforce a contract whether in writing or verbally made as long as you are within the statute of limitations. In most states, you have between 2-3 years from the date of the breach (i.e. non-payment) regarding an oral contract and 4-6 years for a contract in writing. In this case, your claim appears to be within the statute of limitations for the written contract claim. The fact that you have a document that memorializes the debt is a good thing as you may rely on it in court to reflect the debt. I suggest that you hire a lawyer to file a simple collection action for the amount due. Make sure you obtain your bank records showing the deposits made by you representing the checks sent by your ex pursuant to the agreement. You will not get in trouble here for claiming the payments if they are in fact owed pursuant to a agreement.
