Can’t afford the mortgage while going through a divorce

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Can’t afford the mortgage while going through a divorce

I live in California. I moved out and left my wife in the house were she refused to pay any of the mortgage. I have to pay full mortgage and rent elsewhere. I’m out of money and options besides to default. She will not move out to sell the property. What can I do?

Asked on March 9, 2016 under Family Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can, in the course of the divorce proceeding, bring a motion seeking "emergent" ("urgent" or "emergency") relief from the court in the form of an order directing your spouse to pay her share of the mortgage in order to preserve the status quo (the house not being foreclosed upon) pending the final resolution of the divorce and distribution of assets. You would be seeking an "injunction," or court order. Ideally, you should get an attorney to help you, but if you cannot afford one, you should be able to get instructions and sample/template forms from the court, either online or in person at the courthouse.


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