What are my rights if my husband wants to let out house go into foreclosure andI don’t?

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What are my rights if my husband wants to let out house go into foreclosure andI don’t?

My husband refuses to pay the mortgage and wants the house to go into foreclosure because he doesn’t want to be married to me anymore. Only his name is on the mortgage and both our names are on the deed to the house. I am a housewife so I don’t have a real job. I didn’t know of his plan until I overheard him talking to his friend. Is there anything I can do before it’s to late? My son and I don’t have anywhere to go; he’s 9.

Asked on November 18, 2011 under Family Law, North Carolina

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your situation.  You can pay the mortgage yourself out of the marital funds.  The bank really does not care who pays it as long s it is paid. As long as you can write a check on an account to cover the amount then do so.  It protects your interests until you can figure out the next step here.  I do think that it may be a good idea to confront the situation head on with your husband and the marriage.  It will not get better or just go away unless you start a conversation.  And since you have a pretty big asset to protect - as well as yourself and your son - then you need to do so soon.  Funds earned during a marriage By either party are marital funds.  They belong to both of you.  The fact that you do not work outside the home in immaterial.  Please get help.  Good luck. 


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