Will I lose the house if my husband says that if I ever wanted a divorce he would walk away from the

house so I can not sell it?

Get Legal Help Today

 Secured with SHA-256 Encryption

Will I lose the house if my husband says that if I ever wanted a divorce he would walk away from the

house so I can not sell it?

Is this true? His disability check is paying the mortgage right now.

Asked on June 11, 2019 under Family Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

If you cannot pay the mortgage yourself and he stops paying, the bank will be able to foreclose and take the home; the bank doesn't care who pays, but someone has to, or else it can foreclose. 
That said, if you file for a divorce, you can seek a court order on an "emergent" (think: "urgent" or "emergency") basis to get an "injuction" (court order) that he keep paying the mortgage pending the outcome of the divorce. Then during the divorce, the court will look at who makes and contributes how much; who may have a better claim on the house based on "equity" or fairness (e.g. if there are minor children, that weighs in favor of the primary caregiver staying in the house, to avoid uprooting them; or if the home is near the doctors that one of the spouses see regularly, that weighs in favor of that person staying in the home) and decide whether at the end, the home goes to one spouse or the other, or whether the court orders that the home be sold and the proceeds divided between the spouses.
If contemplating a divorce, you should consult with a family or matrimonial law attorney, to better understand your rights based on your own unique situation.


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 with SHA-256 Encryption