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?

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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 10 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.

 


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