Hi, I'm hoping for a little advice. I was divorced on 1/8/15. Our decree states that we are to sell the house and I would get a set dollar amount once it sells. The deed and the mortgage are in her name only but we lived in it and paid for it out of our joint checking account together for 12 years It also states that I am to be in possession of the house until it sells, and be responsible for for the upkeep, half the mortgage, and half the monthly bills. We would also mutually agree on pricing changes. In 8/15, we received and accepted an offer. Based on that, I made an offer on my own smaller house. It actually looked like I would have to scramble for a place to live for a few months, but the sale of the communal house was delayed several times. I pushed forward and bought my house. The sale of the first house fell through because the buyers financing fell apart. Then Connecticut winter set in and the house did not sell at all. I was paying mortgages and bills on both houses. In 2/16, my ex texted me and offered my 12.5K less than what our decree states to walk away and I accepted. She took the house off the market and we went back to court to have our decree modified. After the role call we went to have a court official type it up for us, and we both signed our new agreement and went back into court. The judge looked it over and told us that she could not modify it because in the state of CT, Property Decrees cannot be modified. My ex then went to a free clinic the court house holds every month and was told by a family lawyer that he had never heard of a case like ours and didn't know what to advise. Sorry to be so wordy, but this is what we mutually want to to and have it legally binding:
She pays me $12,500 less than our decree
I stop paying any upkeep, bills, and mortgage
She takes possession of the house and moves back in
I will go back to court but only if I know it will be resolved. I can't afford to keep paying two sets of bills.
Our decree is worded as follows:
"Both parties agree that the property is to be sold. Husband will received $$$$$$$ or half the proceeds of the sale of house, pending extenuating circumstances. Husband will have possession of property until sold and will be responsible for upkeep and half the mortgage payment and monthly expenses."
Could I claim extenuating circumstances/hardship? Any advice would be appreciated.