QUESTION

Refuses to pay the mortgage

Asked on Oct 05th, 2015 on Family Law - New Jersey
More details to this question:
I have been living with my husband for 12 years. Married for 4 years and have three kids but one kid is both our son. We bought a house 5 years ago. The house is under my name and my fathers (as my husbands credit was not great, therefore my father co-signed for me). My husband pays the mortgage and I pay the utility bills and that has been the agreement from the beginning. He has decided that he does not want to be part of my family due to infidelity and claims he cannot afford the mortgage and live on his own. He makes a lot more money that I do and owns his business and I can only afford what I have been paying. He has threatened that he will not pay the mortgage if I do not allow him to come back home while he is with the other woman. I want to move on from this as my kids and I are under stress. My kids and I do not want to leave our home. Can my husband refuse to pay the mortgage?
Report Abuse

1 ANSWER

Alimony, including Establishment, Modification, Termination, and Enforcement Attorney serving Parsippany, NJ
Reviews not shown
2 Awards
I have seen your question. My name is David Salvaggio.  I have more than 35 years of legal experience and head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information about my firm.  Your question is: Can my husband refuse to pay the mortgage? I assume that you mean to ask: "Would a court require that your husband contribute to the mortgage payment?" The answer is:  Although a court's decision in each case depends on the facts of that case--and I would need more complete information from you in order to provide you with the best answer--based on the facts that you have given, I believe that a court would require him to do so.   Of course, in order to get a Court Order, there would have to be a Complaint which would need to be properly prepared, filed and served on your husband.      Many people try to "save money" by foregoing the advice of a good New Jersey Family Law attorney.  They certainly have the right to do that, but in my many years of experience as a lawyer who devotes my entire practice to New Jersey Divorce and Family Law matters, I have seen that strategy result in the loss of a lot more money than what good legal advice would have cost.        Therefore, I offer what is called an Assessment, in which I will go over the person’s situation in detail, answer his/her questions, and give that person guidance as to the best course of action. Typically, the Assessment lasts about an hour.  The cost is $350. Your question does not specify the town in which you live.  My firm's offices are located in Morristown, NJ (Morris County).  We handle cases in all of the counties in northern and central New Jersey, including not only Morris County but also Somerset, Hunterdon, Sussex, Warren, Passaic, Bergen, Hudson, Middlesex and Monmouth counties. If you live in one of those counties and wish to schedule an Assessment, please call my office (973-455-1220) and speak to the firm’s Client Intake Coordinator Dara Vanderhoof.  She will be able to arrange a mutually convenient date and time for the Assessment.
Answered on Oct 06th, 2015 at 9:02 AM

SALVAGGIO LAW GROUP LLC (877) 355-5281 www.salvaggiolaw.net This answer is not intended to be legal advice. Please consult an attorney.

Report Abuse

Ask a Lawyer

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.

0 out of 150 characters