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    Heather Rogers's Avatar
    Heather Rogers Posts: 1, Reputation: 1
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    #1

    Jun 4, 2015, 08:26 AM
    Can I walk away from a land contract?
    When I signed my land contract I was married. Signed with my husband, since we divorced and he left the residence. The property isn't right for my current living situation. Can I get out without legal recourse?
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #2

    Jun 4, 2015, 08:38 AM
    No. What does the divorce decree stipulate about the house?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Jun 4, 2015, 08:48 AM
    Quote Originally Posted by joypulv View Post
    No. What does the divorce decree stipulate about the house?
    And it really doesn't matter what the divorce decree provides (other than possibly making the ex husband liable to indemnify the OP for her primary liability to the landowner). OP co-signed an agreement with the landowner. The landowner wasn't a party to the divorce. Thus OP is jointly and severally liable to the landowner.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jun 4, 2015, 06:14 PM
    You and your ex.. are both liable for the contract. Unless there was new written agreements with the seller.

    But it all depends on the terms of the contract. Normally, the deed is still held by the seller. Normally you will lose any and all money paid. And may or may not be liable for damages and the such.

    But what you are liable for, will be written in the contract.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Jun 5, 2015, 06:16 AM
    Yes, you can walk away from the contract. But you will be held to the terms of the contract. You will probably forfeit anything paid already. But from what I know of land contracts, that may be the extent of your liability. Most land contracts are basically set up so the buyer pays a deposit and the seller holds the land until a closing is completed. If the buyer walks away they forfeit the deposit.

    You DO need to read the contract or go over it with your attorney to determine what your liability is.
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