Submitted by tanyabest on Sun, 04/03/2011 - 23:08
My husband moved out of our marital home last March. We agreed to sell the house and split the mortgage. He gave me half of the mortgage in April and that was it. He took his name off all of the utilites bills for the house and then filed for divorce in August. I have not been able to sell the house and have been the only one paying the mortgage for a year. He tells me that he does not have to pay for the house because he is not living there. He wants nothing to do with it but we will not sign the deed over to me. There is no equity in the house. Can he really walk away from his responsibility to the house and not be forced to pay? And are my chances of getting the house greater because of his abandonment of it?
House payments after divorce
Your husband is wrong. Assuming your husband's name is on the mortgage, he remains liable for the payments, just as you do. By leaving you in an economically precarious position, he runs the risk that you will be unable to make payments and, as a result, blemish his credit rating. If the house is foreclosed upon, both of you will be jointly and severally liable for the lender's losses. In divorce proceedings, the judge may order your husband to continue making mortgage payments. You need to talk to your divorce lawyer about this issue ASAP. Good luck.
marital home- move out
Hi. When one spouse moves out of the marital home in anticipation of a divorce, there needs to be an agreement as to how the home will be titled moving forward, who will pay the mortgage, insurance, taxes, repairs going forward; when and if the spouse moving out will be relieved of the debt of the mortgage through a refinance or release and finally when will the property be sold and how will the proceeds will be divided.
Apparently you had either a verbal agreement or loose agreement which did not serve you well.
Your husband likely does still have responsibilities relative to the house.
You should seek legal advice to obtain temporary orders at the probate court in conjunction with the commencement of a divorce.
www.baronlawmediation.com
allan@baronlawmediation.com