seperation agreement isnt.being followed

[dallyg]

i just have a question...
my ex is asking for alimony but in our agreement it states we both waive any right to ask for it... its all over this rv we both have a loan over... she left and im the one stuck paying for this thing... cant sell it or refinance it but she insists i get her name off or she is going to sue me...
has anyone encountered this?

[Teenwolf]

I don't have any experience in this area, but I'm aware of cases where a separation agreement was put aside. If it is deemed unfair, or she didn't get independent legal advice, or the document wasn't witnessed, then these could be reasons to set it aside. Every province has different requirements.

Did you agree in the separation agreement that SS would be waived due to you taking on the RV loan? On what grounds is suing you?

[standing on the sidelines]

how is an rv and ss linked together???

Who was suppose to take over the rv and be responsible for the loan???

[Teenwolf]

how is an rv and ss linked together???

Who was suppose to take over the rv and be responsible for the loan???

Correct me if I'm wrong, but it's my understanding that joint debt can be factored into how much SS is received. If one party takes on all the debt, then this could be factored into how much, if any, SS will be received.

[dallyg]

i said id make the payments but nothing is stated about refinancing or a deadline for it. she says " the loan is affecting her economic situation" thats her reason for SS. shr has a fulltime job always has i just cant imagine paying her and for this trailer that i am stuck with.

cannot sell it as there is too much negative equity... bank will not refinance mr and i cannot acquire a cosingor so i dont know what she thinks os goin to happen...
and our agreement was signed by two witnesses and she did seek legall advice on it

[dallyg]

excuse my typing im using my horrible phone lol

[standing on the sidelines]

i said id make the payments but nothing is stated about refinancing or a deadline for it. she says " the loan is affecting her economic situation" thats her reason for SS. shr has a fulltime job always has i just cant imagine paying her and for this trailer that i am stuck with.

cannot sell it as there is too much negative equity... bank will not refinance mr and i cannot acquire a cosingor so i dont know what she thinks os goin to happen...
and our agreement was signed by two witnesses and she did seek legall advice on it

I am thinking that when you said that you would take over the payments, she thought you were going to do the right thing and remove her name from the loan. Now she wants to borrow money or whatever but her name is still on the loan for the RV so she cannot get what she wants/needs. I dont blame her for being upset.

I cannot understand if she seeked legal advice why that wasnt written into the agreement, that you had to get her name off the loan. Very stupid thing to overlook. Not sure if she could get the agreement thrown out as the wording seems way to vague with the loan/RV.

[dallyg]

do the right thing? i thought i did when she walked away with only a smile leaving me with all of the debt.... i dont want the trailer just as much as she doesnt but i knew i could keep making the payments. like i said, it cannot be refinanced or sold so i dont see where this is goi.g.

[Teenwolf]

I'm assuming that she waived SS in recognition of you talking on the joint debt. Would this be correct? In regard to removing her name from the loan, I have no experience in that area.

[standing on the sidelines]

thats the problem, she hasnt really walked away from the debt, its still going against her and if you decide to stop paying, she will be on the hook for it.

[dallyg]

but she cant just walk away from a loan.... i dont want it either but i knew she.couldnt make the payments.

[dallyg]

and we waived the ss because we both work full time

[standing on the sidelines]

but she cant just walk away from a loan.... i dont want it either but i knew she.couldnt make the payments.

the whole thing about separating is to separate financials. That means no joint bank accounts and no joint loans.

[dallyg]

i understand that.... but ive tried and been denied so what am i to do?
but i dont see as to why i myself have to be the one stuck with it.
id get rid of it in a heartbeat as its holding me back but thats just how it ia.

[Teenwolf]

the whole thing about separating is to separate financials. That means no joint bank accounts and no joint loans.

How does he go about separating a joint debt?