She moved out on Her own will no figths, no disscucions, no return phone calls, She stops by to pick-up Her mail when She knows that I'm at work, Is she responsible for half of the payment, we jointly bought the house.
2006-11-09 06:18:44 · 23 answers · asked by Raul A 1 in Family & Relationships ➔ Marriage & Divorce
It would depend on the laws in your state, and how you entered "jointly" into the loan. If you both signed the Note and the Mortgage/Deed of Trust (this is the document that goes on public record), then you are BOTH liable to pay for the loan. However, in some situations, the lender will have both people sign the Note, and only the primary borrower (the one who qualified for the loan) sign the Mortgage. The other spouse will typically be required to sign a Waiver of Homestead Rights or something to that effect. It is really going to depend on who signed what and how. If you have copies of your documents, bring them to an attorney for legal advice. If you need copies of your docs, call your lender or check with the title company that you used.
2006-11-09 07:44:26 · answer #1 · answered by Sithein 3 · 0⤊ 0⤋
In most cases, when a husband and wife take out a mortgage together, they are both responsible for the payments. If she is not contributing, you must pay the entire payment or risk going into arrears.
Call your bank or mortgage company and verify the terms of the loan.
Also, see a lawyer immediately. He or she is the best one to advise you how to protect your interests and prepare for the possibility of a divorce.
It would be a good idea to concentrate more on re-establishing communication with your wife than on mortgage payments. If you think she left without a word, chances are you were not listening when she was talking. The problem may or may not be you, it could be depression or some other problem. She may need help.
2006-11-09 06:32:03 · answer #2 · answered by Suzianne 7 · 0⤊ 0⤋
considering you have been procuring the abode, yet no longer the youngsters (till you have a decree that asserts you're able to do this) the courtroom can rather screw you in this one. the likely consequence, in case you undertaking her for the abode, is that the courtroom will order the abode offered, and if there is earnings you 2 will split it. although...if the help settlement is barely between the two certainly one of you, with out the courtroom's approval, in addition they are going to probably order you to pay baby help and might even bypass after help retroactively. If the loan money have been lots greater desirable than a help fee could have been, a competent lawyer ought to get you credit for a number of it. yet considering your toddlers have been residing there, do no longer assume it. in case you and your important different attempt to srongarm your way in you will the two be asked to depart via the police that your spouse will call, and you ought to be jailed.
2016-10-03 11:18:18 · answer #3 · answered by ? 4 · 0⤊ 0⤋
I think if her name is on the papers then she would be responsible. Is it worth it, because she could easily say that she wants to sell the house and get her share of the profit. Think about if you want to move or not, go through all the legal battle. Are you having financial problems or is it just for spite? I would sell the house and split the profit and move on, seems like less drama!
2006-11-09 06:28:57 · answer #4 · answered by micah z 4 · 0⤊ 0⤋
You should sit down and have a talk with her.. Your mostly likely going to have to buy her out or sell the house and each take your share. But No, she doesn't have to support you or pay for 1/2 the house because your living there and she left.
Just get a lawyer.
2006-11-09 06:22:57 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Yep, my cousin and his wife divorced and she moved out before the divorce. She had to pay for her half of the mortgage when she left. He also got her to help pay the mortgage after the divorce was final. She signed a paper saying that she would do it til the house was sold and she would get her share of the profit. What a dope she is....
2006-11-09 06:22:43 · answer #6 · answered by Shocker3:16 3 · 1⤊ 0⤋
Yes. If both of your are on the mortgage contract she is legally obligated to pay her half (or whatever the agreement is that she pay). If she does not, or refusues to make payment she is in Default. I would consult an attorney if she refuses to fulfill her contractual obligation.
2006-11-09 06:24:08 · answer #7 · answered by madcatlover7 2 · 1⤊ 0⤋
if the mortgage is in both names then she is liable however, if she doesn't pay - you cannot just pay your half. the full amount has to be paid as the bank does not care who pays for the mortgage or not payment has to be made. if you do not want your credit history to be affected and she is not willing to pay her share - you may be on the hook to pay for the entire amount until it gets settled in court.
2006-11-09 06:27:26 · answer #8 · answered by Anonymous · 0⤊ 0⤋
If you jointly bought the house and her name is on the mortgage then she is jointly liable with you for the payments.
2006-11-09 06:20:53 · answer #9 · answered by Anonymous · 0⤊ 2⤋
Just like when a man leaves. She doesn't have to give you a dime till the court orders it. If her name is on the house, it may ruin her credit if it gets foreclosed on.
2006-11-09 06:33:27 · answer #10 · answered by Lotus 6 · 0⤊ 0⤋