What are my rightsif my wife didn’t make the last 2 mortgage payments on the house like she was court ordered to do?

We own 2 houses: she lives in the more expensive one and I live in what used to be our rental house. The bank just sent me a letter of intent to foreclose. We have $40,000 in equity. Can I get the judge to have her sign a quit claims deed? So I can sell it without it going to foreclosure? And if that house is sold or whatever, can she somehow get the house I reside at and have me booted out? I have been paying maintenance to her for the difference in mortgages plus about $65 for other debts. Can I get her to pay me if I took over the property? A renter lives with her. How does that affect things?

Asked on September 22, 2011 under Family Law, Wisconsin


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You have asked a great many questions here but you have given very little information as to the legalities of the situation you are in.  In other words, do you have a written agreement as to the property/  Is it a separation agreement, a divorce agreement - what?  Are you divorced?  If you have an agreeement and she has breached it (it is a contract under the law) then you can go back to court and sue her for remedies available under a breach or for modification of the agreement.  On a motion for modification you would ask the court to allow you the relief you would like: to have the asset deemed yours, to pay the mortgage and get the money back, to sell - what ever it is.  I would really take the time to go and speak with some one as to your particular facts and circumstances.  Good luck.

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