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Our marital settlement agreement of 2007 provides I am to pay the monthly mortgage on the jointly owned marital home until sold.

Raleigh, NC |

The Marital Agreement also provides that I am to receive monthly alimony until 2014. The mortgage is 79% of my alimony. To date the house has not sold. My ex refuses to do a refinance to reduce the 8.8% mortgage, prevailed in his Specific Performance suit and the Judge ordered him to pay the mortgage from my alimony and pay his $13,000 atty fees. Over the past 3 years I have exhausted my entire savings and entire retirement to try and keep the mortgage paid, but have had to file Chapter 7 as I have no other financial resources left, have lost my health insurance and long term care insurance. I am 61 years old. We were married for 20 years. I have found that Chapter 7 will not protect my alimony. I have no home, no car. His income exceeds $500,000. Will Chapter 13 help?

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Attorney answers 1


Since you say it was a marital agreement, I am not surprised that he won a Specific Performance suit. It was fortunate that he was required to pay his own attorneys fees. If the house will not sell then a Chapter 13 would be more helpful than the Chapter 7 if you are wanting to keep the house. Why will it not sell? Are you living in the house? Have you offered to let him occupy the house and pay the mortgage? You could live better in a modest apartment off of your alimony. If the house has to be sold, why don;t you buy it?


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