QUESTION
What are my options if my husband decides to default on the mortgage during divorce?
Asked on Sep 27th, 2011 on Child Custody - Oregon
More details to this question:
In a divorce, husband is court ordered to pay mortgage. What are my options if he defaults?
12 ANSWERS
Glen Edward Ashman
Those are things you discuss with your lawyer, and you certainly need one.
Answered on Jul 08th, 2013 at 10:36 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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File for contempt.
Answered on Jun 19th, 2013 at 9:07 PM
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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Talk to your attorney or move in & pay yourself.
Answered on Oct 28th, 2011 at 1:21 PM
Immigration Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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If your husband defaults it could cause quite a mess. For example, the court could order him to compensate you in other ways, but if he's defaulting on a mortgage then he may not have the means to compensate you. He may be subject to court sanctions if he is ordered to pay the mortgage and defies the court order.
Answered on Oct 04th, 2011 at 2:12 PM
You can file a Motion for Contempt and take him before the Judge for his failure to abide by the Temporary Order.
Answered on Sep 28th, 2011 at 12:34 PM
Steven D. Dunnings
Make the payments yourself and try to make up the payments you make out the property settlement, if you have any property of significant value.
Answered on Sep 28th, 2011 at 12:10 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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You should stay in close contact with your attorney the very first time your husband fails to make a payment on the house. Your attorney will know how to have your husband found in contempt of court.
Answered on Sep 28th, 2011 at 9:04 AM
Gary Moore
You will have to file a motion in aid of litigants rights for sanctions against him, including imprisonment until he complies with the court order. Call me if you like.
Answered on Sep 28th, 2011 at 7:19 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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There is no simple answer to your question. It will depend partly on why he defaulted, what the consequences are, and what the judge believes is an appropriate remedy.
Answered on Sep 28th, 2011 at 6:41 AM
Since: (1) you are in the middle of your divorce actions, (2) your spouse was court ordered to make the house payment, and (3) his failure to make the house payment would be in violation of a court order and could result in the loss of a substantial asset, I would think that a motion for contempt would be the appropriate way to proceed.
Answered on Sep 28th, 2011 at 6:41 AM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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If the court has ordered him to pay the mortgage. He will either pay or be in contempt of court and the court will deal with it. Your attorney will help you develop strategies.
Answered on Sep 28th, 2011 at 6:29 AM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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You can sell the property or refinance the mortgage into your own name. You could also file a lawsuit against your former spouse for his failure to pay the mortgage, and recover any damages you may have iincurred.
Answered on Sep 28th, 2011 at 6:25 AM