If my husband moved out of the house and now does not want to pay for his share of the mortgage anymore, what are my rights?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my husband moved out of the house and now does not want to pay for his share of the mortgage anymore, what are my rights?

My husband asked for the divorce. He moved out 2 months ago and paid for the first month but now he doesn’t want to pay anymore wants me to find a roommate and sell the condo 6 months from now.

Asked on December 5, 2011 under Family Law, California

Answers:

L.P., Member, Pennsylvania and New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Thank you for submitting your question regarding your current mortgage and your husband’s refusal to make payments for the mortgage.  The laws relating to divorce and property distribution will vary from state to state.  It appears that your husband is treating the mortgage as a loan he took from you, instead of a loan he took from a financial institution.  The bank that was your lender does not get involved with your marital affairs.  If you both are joint-borrowers of the mortgage, then the bank will hold you both financially responsible for the mortgage payments.

Additionally, if you were to default on payments for your mortgage, the bank would be entitled to foreclose on your property.  After the foreclosure, the bank would sell your house and use the proceeds from the sale of the home to pay your outstanding debt.  The foreclosure would be against both of your credit.  He cannot simply walk away from his responsibility to pay for the mortgage.  He also cannot force you to get a roommate. 

During the divorce proceedings, the mediator or judge will walk you through the asset distribution process.  During this process it will be determined who is responsible for what debt.  Once the judge puts forth an order, you are both under the obligation to comply with the order.  If either of you are non-compliant with the court’s order then you could be held in contempt.

Also, if you were able to make the payments for your mortgage, you could sue him personally for repayment of the money you are out for paying his portion of the mortgage.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption