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| Divorce, Separation, Annulment All issues concerning dissolution of a recognized relationship. |
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#1 |
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our divorce should be final in june. we have been forced to live together since i filed last august. he has been paying the mortgage up until now and i have been keeping up on the utilities just like we have been all through the marriage. in the past 2 weeks he has been getting bitter and angry towards me because of our court appointments and i think he was told that he is going to be the one that is ordered out of the home when this is all final. can he refuse to pay the mortgage for these last 2 months? he is now saying that he wont make any more mortgage payments so i can lose the house before the divorce is final. he said he wants it to go into forclosure. he knows i cant swing the payment unless the support order kicks in so this is all out of spite. i know he is angry but that is no reason for him to dismiss his responsibilities to his 2 kids. he thinks that if the house goes into foreclosure he will get custody of the kids when he moves out. someone help! i need advice. should i go to family court and see if they can order him to pay the mortgage until he is ordered to pay me support? my attorney isnt doing anything to make him pay.
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#2 |
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Moderator
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Yesterday 11:29 PM Join Date: Apr 2008
Posts: 1,139
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Property is generally split down the middle, and the house is merely allocated as a portion of that split. So allowing the home to go into foreclosure is a pretty stupid thing to do since it will lower his half of the settlement by half the value of the home. Plus, if the court thinks he did this out of spite they are likely to take you half of the home's value out of his settlement as well.
I hope his attorney can talk some sense into him. |
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#3 |
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he is planning to move out and leave me with the house that would have back payments due and possible forclosure .. the court isnt seeing it that way. they say if he doesnt pay i would have to since i am the second name listed on the property. he knows i would struggle and that is his intention. he isnt leaving peacefully, he wants to make me suffer all he can. the court keeps failing to see his bad intentions and his spiteful tactics and do nothing to help me .. i am so frustrated.
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#4 |
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Moderator
Last Online:
Yesterday 11:29 PM Join Date: Apr 2008
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Any past-due mortgage payments should be counted as communal debt, or deducted from the value of the house and thus the value of the combined estate. It is the combined assets of the partners that are divided.
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