Sorry if this isn’t the right place to ask. I’m in Florida. My divorce has been finalized for a couple months. In the distribution chart, the wife agreed to take on a loan that had both our names on it. I agreed but only if the proceeds from the house we’d sell go to paying the loan off. That part was left out of the final settlement and I didn’t notice. We had been to mediation a few times by then adding and removing things constantly because of her. We didn’t even see a judge the day we signed because he got in a wreck that morning. It’s a long story and the divorce was dragged out for two years by the ex-wife. She stated that she’s going to continue to make monthly payments on the loan now. She got 15k when we sold the house and I still owe her another 12k. If I pay that lump sum, she’s not obligated to pay the loan off still because it doesn’t say she has to in the agreement. If something happens, I’m on the hook still for the SBA loan though and would essentially pay twice for it. Is there any modifications or petitions to have a judge look over the distribution chart and maybe make an amend to the final decree? I’ve looked everywhere but had no luck. I’m told it doesn’t usually happen in Florida. I don’t have the funds at the moment to hire lawyers and pay them again. I just want my name off the loan at the very least and the ex-wife says that isn’t possible. Thank you for any help anyone can provide me.
It sounds like a tough situation. Generally, once a divorce is finalized, making changes can be complicated, especially without a clear agreement in writing. Have you thought about talking to your attorney to see if there’s any way to modify the agreement?
@Emily
I did talk to my attorney, but they said it might be difficult to change anything now that it’s finalized.
Suki said:
@Emily
I did talk to my attorney, but they said it might be difficult to change anything now that it’s finalized.
That’s frustrating. It might be worth asking if there’s any way to file a motion to have a judge review your case. Even if it’s not common, sometimes these things can be revisited.
I can relate to your situation. After my divorce, I also found some agreements were not clear. If you can show that the loan was supposed to be paid off with the house proceeds, it might help your case.
@Alexandra
That’s what I thought too, but since it wasn’t in the final agreement, I’m worried it won’t hold up.
Suki said:
@Alexandra
That’s what I thought too, but since it wasn’t in the final agreement, I’m worried it won’t hold up.
It’s definitely a gray area. Maybe documenting everything and getting some written evidence could strengthen your position.
Honestly, if you can’t afford a lawyer right now, maybe look into legal aid services in your area. They could offer some assistance or advice without the high costs.
Scarlett said:
Honestly, if you can’t afford a lawyer right now, maybe look into legal aid services in your area. They could offer some assistance or advice without the high costs.
That’s a good idea. I hadn’t considered that. I’ll definitely look into it.
I get where you’re coming from. It’s hard when agreements don’t reflect what was discussed. Just be careful about paying anything without a clear understanding of how it affects your obligations.
AZRAH said:
I get where you’re coming from. It’s hard when agreements don’t reflect what was discussed. Just be careful about paying anything without a clear understanding of how it affects your obligations.
Yeah, I’m trying to be cautious. I don’t want to end up in a worse position.
You might also want to consider reaching out to the court directly. Sometimes they have resources or advice for people in your situation, especially if you explain the oversight.
Dezi said:
You might also want to consider reaching out to the court directly. Sometimes they have resources or advice for people in your situation, especially if you explain the oversight.
That’s a solid suggestion. I’ll see what I can find out.