Should I let the house go into foreclosure?

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Should I let the house go into foreclosure?

My wife won’t agree to sell the house. She can’t afford it on her own. I can take over the house but she won’t leave. I can’t afford a divorce and pay the mortgage.

Asked on May 10, 2009 under Family Law, Ohio

Answers:

Denise Ferguson / Denise Ferguson Attorney At Law

Answered 11 years ago | Contributor

How much money do you believe a divorce will cost? Several counties in Ohio have clinics that will enable you to file divorce pro se (without an attorney). You can also get low cost and free consultations through some attorneys. Foreclosure is not the method in which to go. It would destroy your credit.

Divorces do not have to be expensive. However, how can you afford to take over the mortgage if your wife would leave but it be creating hardship now? That is confusing in how you have phrased things.

I would encourage you to get a consultation with an attorney.

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you care about the house and the equity that you have built up, then you can file a partition action to get the house sold.  You do not need a lawyer, but i suggest it.  You need to spend some money to get this done as your wife is not cooperating. What does she want?  What will she walk away for ?  Without more details I cannot give you more advice.

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to talk to an experienced divorce lawyer in your area.  One place you can look for one is our website, http://attorneypages.com

Foreclosure is the worst possible outcome, since it usually ends up with the property being sold at the lowest price.

If you really cannot afford both the divorce and the house payments, you might be able to get the court to order the property to be put on the market immediately, as the best way of preserving the shared asset.  This is relatively unusual, and even good divorce lawyers do not always succeed, so it is not something to try on your own.

I get the impression that your wife is refusing to contribute to the mortgage payments and other roof expenses (power, water, etc.).  If this is the case, another alternative might be to ask for a temporary order requiring her to make a certain contribution to those expenses, with listing the house for sale the alternative.  Once again, this is where you need experienced counsel.


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