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Home > Law > Family Law   »   who is responsible for Mortgage in Divorce

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Old May 7, 2008, 08:57 AM
jwalmsley
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who is responsible for Mortgage in Divorce

I have been separated for 3 years and remain in the family home with my 2 daughters. My husband does give me money, at dissomaster rate, but I pay for all the housing expenses, mortgage, property taxes, insurance, maintenance and equity credit line. He have just decided to give me $800 less a month and I cannot afford the house. I would like to move into an apartment and tell him he can have the house. (He has said he would live there before)

Can I just tell him I/we are moving and he can assume the financial responsibility for it?

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Old May 7, 2008, 09:07 AM   #2  
stinawords
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It really depends on whos name the house and other bills are in. If your name is attatched anywhere to the house then the bank will still hold you responsible. That dosen't mean you can't move it just means that the bank will still want to get their money. Are you legally seperated? Because if you are there should be stipulations in the seperation agreement as to who pays what. If you aren't legally seperated then you really don't have that many options because in the courts eyes you are still married.

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George_1950 agrees: Good point and question: is there a separation agreement? Why not?
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Old May 7, 2008, 09:09 AM   #3  
progunr
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Are both names on the mortgage and equity line?

Before you do anything, you need to determine your liability if he fails to pay the mortgage.

Why have you or he not filed for divorce yet?

That is really the only way to resolve this issue legally, to get the details in the divorce decree so that you are protected.

I guess really, it would come down to how much you trust him?

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George_1950 agrees: Exactly: file the divorce.
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Old May 7, 2008, 11:58 AM   #4  
George_1950
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You are in desperate need of an attorney by the sound of things. You have children, property, and debt; by definition, not a simple case. Get a lawyer and get going, lady. If he has the money, make him pay.
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