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  1. #1
    Join Date
    May 2009
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    10

    Unhappy Ex Wife Suing Me for Closing Costs of Home Sale That She Voluntarily Decided to Pay

    My question involves a marriage in the state of:Pennsylvania (PA)

    My ex wife is taking me to court to sue me for a few thousand dollars for selling the house for less than what the loan had left on it for and also wants me to pay her legal fees for her lawyer. I am defending myself since I cant afford a lawyer. The agreement was that I pay the house payment and upkeep of the house while I lived in it. I did do that except for missing 1 payment right before I moved out. Based on how the agreement was worded, I wouldnt be soley responsible for the house while not living in it. The potential buyer moved in a few months before the closing finally happend. Was supposed to be paying her rent which I wasnt involved in at all so I dont know the details of that. What are my best defenses in winning against this case? What happens if I lose and I dont have the money to pay. Can chapter 13 wipe out a judgment like this if I have to go that route?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Ex Wife Suing Me for Closing Costs of Home Sale That She Voluntarily Decided to P

    We cannot see the court order you're accused of violating it, and thus have no means of telling you whether or not your actions violated the order beyond your admitted failure to make that last house payment. Further, whether or not you are responsible for half of the difference between the sale price and the amount owed on the home may be separately governed by the property division provisions of your divorce judgment, as opposed to the provision under which you remained in residence and paid the mortgage payments and upkeep. At this point all we can do is tell you to consult a lawyer.

  3. #3
    Join Date
    May 2009
    Posts
    10

    Default Re: Ex Wife Suing Me for Closing Costs of Home Sale That She Voluntarily Decided to P

    There was no court order, it was a typed up agreement we made before we divorced that I would do that. Also it was a quick file divorce we enver went to court over.

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Ex Wife Suing Me for Closing Costs of Home Sale That She Voluntarily Decided to P

    Quote Quoting dv_platinum
    View Post
    There was no court order, it was a typed up agreement we made before we divorced that I would do that. Also it was a quick file divorce we enver went to court over.
    Ok, then it isn't really a family law issue, its a contractual issue. The two of you had a contract as to how the house would be handled. If either of you felt that the other did not live up to the contract, you had the right to sue. Whoever loses a contract lawsuit could end up paying the fees of whoever wins.

    You have apparently admitted that you did not live up to your end of the contract, because you did not pay the last house payment. Whether you did not live up to it in any other way depends on what the contract actually says. Take your copy of the contract and get some advice from an attorney that specializes in contract law.

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