My wife has moved out and moved into her mother’s. She has taken everything in the house and cut utilities off knowing after the house payment, I cannot afford them. The debt is $41,000 and she is on the title and loan also. Neither one of us have filed for divorce yet. I plan on it after I find a way to pay for it and this is what will make that possible.
No. At least not legally. Basically, you should not make any more payments until you have a formal written agreement regarding who gets the house. If you do continue to make payments, you could end up needing to win an equitable distribution claim if she refuses to sign the home / deed over to you. If you have lot rent then we are talking about a mobile home. If it were me, I'd just pay the lot rent and stay in the home until foreclosed on or repossessed.
File for divorce and ask for a temporary order to maintains the status quo of that she be compelled to contribute to the maintenance of the marital debts.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.