QUESTION
What can I do if my wife won't leave home and is not paying mortgage?
Asked on Aug 08th, 2014 on Divorce - California
More details to this question:
I'm in the state of CA and my wife and I are divorcing I just found out she is currently pregnant with another man’s child. She is currently living in our house with her boyfriend and won't leave or pay any of the mortgages. PLEASE HELP what can I do? I don't want to sell but can't take out any equity in the home because it's a month past due. I can't and won't continue to pay the total mortgage while this is happening. What can I do?
3 ANSWERS
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Disposition of a house is an issue for trial. That means the court won't hear it for a long, long time. You can either pay the mortgage to save your credit and ask for reimbursement at the end or you can not make any payments until you get a foreclosure notice and at that point the court can do something. This is not an emergency under the court's rules. If you will be paying her support, you could make a motion that you make the house payments instead of support.
Answered on Aug 12th, 2014 at 2:31 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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The only ways are to buy her out or get a restraining order because she has injured you or threatened you.
Answered on Aug 11th, 2014 at 6:41 PM
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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You should apply for relief from the court that you are divorcing.
Answered on Aug 11th, 2014 at 1:20 PM