If I’m not off my ex’s mortgage, can I take her to court now for equity not received in our original agreement?

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If I’m not off my ex’s mortgage, can I take her to court now for equity not received in our original agreement?

I gave her the house outright with no equity provided that she remove from mortgage. We’ve been divorced for 3 years.

Asked on July 6, 2011 under Family Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You write that there was an original agreement--presumably, a divorce agreement or settlement--between you and your ex-wife, which she has violated. If that is the case, then yes--you may sue her. A divorce agreement, settlement, or, for that matter, decress (such as by a court's order) may be enforced by either party, in much the same way as a contract or other agreement can be enforced. You can sue your ex and seek either to force her to honor her agreement-based obligations, or you could sue her for damages--that is, for monetary compensation for her breach. You should talk to an attorney right away; there is a time limit for  how long you have to bring a lawsuit, and while you are likely still ok at the 3 year mark (especially because her breach probably didn't happen right away, but rather than she failed to take required action), but there  is no reason to delay and risk running out of time.


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