QUESTION

If husband who pays the mortgage asked for a divorce and I can't afford the mortgage, does he still have to pay if he chooses to leave?

Asked on Sep 28th, 2014 on Divorce - Florida
More details to this question:
Husband works under the table for the past 12 years. We filed joint income taxes and he reports as unemployed.
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4 ANSWERS

John Arthur Smitten
Legally it is both your responsibility so he owes half each month. If he leaves then file for divorce and go for alimony. Use of a lawyer is recommended.
Answered on Sep 30th, 2014 at 5:26 PM

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Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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That is a negotiation point.
Answered on Sep 30th, 2014 at 12:23 PM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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Get an attorney on your side. You might have to get a court order that he pays the mortgage as part of his support obligation.
Answered on Sep 30th, 2014 at 9:17 AM

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If your husband is committing income tax fraud, and is filing jointly I suggest you report it to IRS so that you will not be held criminally responsible along with your husband. Knowledge of an on-going crime could make you an accomplice. If you cannot afford the mortgage, I suggest you consider selling the home. If he will not cooperate, get a Court Order. Good luck.
Answered on Sep 30th, 2014 at 9:17 AM

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