QUESTION
What could I do if my husband will not pay the mortgage in our divorce?
Asked on Jun 09th, 2015 on Divorce - Washington
More details to this question:
My husband filed for divorce in August. He has left me with our mortgage payments and he has taken off. I had a better credit score and I am the one on the mortgage. Does this mean that he should have to pay at least half? He earns more than I do.
9 ANSWERS
Bruce Provda
Talk to your attorney about getting temporary orders that he pay a share of the mortgage in the purse of the divorce.
Answered on Jul 27th, 2015 at 2:33 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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That should be taken care of in the divorce judgment.. call your divorce attorney.
Answered on Jul 27th, 2015 at 2:33 PM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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Sue him for divorce, spousal support, and handling of debts. Hire an attorney.
Answered on Jul 27th, 2015 at 2:33 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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Without having more information, generally the mortgage goes with the house in other words, whoever is awarded the house is responsible for the mortgage.
Answered on Jul 27th, 2015 at 2:33 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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First things first. Retain an experienced family law attorney. This is almost always worth the investment. Your lawyer will likely file a Motion for a Temporary Order, or else an Order to Show Cause, which has much the effect. At the hearing on this motion, the Court will set rules to govern matters during the pendency of the divorce, such as who pays which debts, child support, custody and placement, temporary maintenance, insurance, and any other matter which needs determination on a temporary basis. Good Luck.
Answered on Jul 27th, 2015 at 2:33 PM
My suggestion is that you go to Court and request an Emergency Order that will force your husband to pay the mortgage until the divorce has been finalized or a settlement reached. Do not wait! I would also suggest that, since this is a very important matter, you hire an attorney to rush it through correctly. Good luck.
Answered on Jul 27th, 2015 at 2:33 PM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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You would need to seek a court order for spousal support if your husband is the higher earner, or an order for him to pay the mortgage.
Answered on Jul 27th, 2015 at 2:33 PM
4 Awards
You should talk with an attorney about whether your case warrants alimony or temporary spousal support and how you can file for temporary orders while the divorce is being worked out. If you cannot afford the home on your own, you will need to consider whether it should be sold. Your attorney can assist you. Best wishes.
Answered on Jul 27th, 2015 at 2:33 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Since you are living in the house, you have to likely pay the mortgage. If this poses too great a financial burden, you can file a motion for temporary orders and ask the court to order him to pay a portion of it. However, since he filed almost a year ago, it seems you've been able to pay and this is a little late. You may be able to get more than half of the value of the house in the final settlement/trial.
Answered on Jul 27th, 2015 at 2:32 PM