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Greeneyes71 · Aug 24, 2010, 04:49 PM

My ex-husband defaulted on his timeshare dues since our separation, which were supposed to be divided (2 weeks each). Of course, I paid handily to discover what was bought in marriage stays in marriage and I was responsible still for his debt. The condo association was suing me for his portion of back debt for the last several years. I retained an attorney to discover this and was forced into a stipulation agreement that mirrored one he signed, and defaulted on. They did not file my agreement with the court as I provided them with financial, job, address, etc. information on them so they could hopefully obtain their money from him rather than me. Earlier this month, I received a bill from the condo association stating that I was responsible for paying for a portion of the attorney since his services were used to review my payment history, draw up the stipulation agreement, dialogue with my attorney, etc. and payment was of course expected within 30 days.
I don't think I should be responsible for the association using their attorney for anything related to the default, the suing, etc. I already paid MY attorney... I shouldn't have to pay both sides...

JudyKayTee · Aug 24, 2010, 06:32 PM

They are undoubtedly relying on the contract/HO Agreement you signed with the HOA.

What does it SPECIFICALLY say about legal fees?

You can always pay it and then sue your ex for that amount - depending on the contract.

AK lawyer · Aug 24, 2010, 10:59 PM

Did the settlement you signed say that you would pay their attorney fees?

Greeneyes71 · Aug 27, 2010, 04:19 AM

Thanks for your replies. No, the stipulation agreement just said that I would put so much money down, which I did, and then so much per month, which I did not when I did not receive the copies from the court that I requested indicating that it was legal and enforceable.
Judy, you may be right... I'm sure there is something in all the documentation that we signed that addressed that. I hadn't thought of that angle at all.
Thanks for your help!

AK lawyer · Aug 27, 2010, 06:04 AM

So, depending on the terms of the agreement with the HOA, you might already have been contractually liable for the attorney fees, but you aren't according to the new settlement agreement.

And there is a judgment entered pursuant to the settlement agreement?

Don't expect something "from the court ...indicating that it was legal and enforceable." If you signed it, that's it. The judge isn't going to second-guess the matter.