My mother really needs a divorce from my father. If he has not payed the last three months of house payments can she receive her share (her name is on the title) of the house?
2007-01-01 18:18:36 · 7 answers · asked by sparkplug 1 in Family & Relationships ➔ Marriage & Divorce
NOPE, not if the bank forecloses on it (takes it away for nonpayment). those payments need to be brought current, then worry about her half (which she is entitled to).
matter of fact, she may even get the whole thing if its awarded by the judge (or agree'd to in the divorce) depending upon what all assets are.
your a smart kid, for even seeing what is best for your mom. Wow! the last two links are to help out...
mom of 4
http://www.divorcelawinfo.com/
http://www.divorcelawinfo.com/calculators.htm
http://www.divorcehq.com/deadbeat.html
http://www.singlemoms.org/info/main.htm
http://www.singlemotherresources.com/
http://www.angelfire.com/nj4/njcomputerchick
http://www.parentswithoutpartners.org/chapterfind.asp
http://modestneeds.org/
http://freecycle.org/
2007-01-01 19:03:38 · answer #1 · answered by Yvette B yvetteb 6 · 0⤊ 0⤋
Normally, yes-she would get her half of the equity if it would be sold as a result of the divorce.
But if it is already 3 months behind, and the divorce has not even been filed yet, then it will go into foreclosure before that can happen.
And she will still be responsible for half of the "loss" that the bank claims on it's resale, and it will damage her credit as well as his.
The only hope either one of them has is to sell (or atleast keep up the payments until the divorce goes through) before the bank begins foreclosure proceedings. If they are going to lose it anyway, they may as well protect their credit and recover some of their money.
2007-01-02 02:29:35 · answer #2 · answered by dragonlady 4 · 0⤊ 0⤋
If the payments are 3 months past due, more than likely the house will be in foreclosure very soon unless a bankruptcy is filed. The house will more than likely be lost if the payments are this far behind. I know because i work in property management and evict people just about weekly who are in this type of situation.
2007-01-02 07:01:34 · answer #3 · answered by Anonymous · 0⤊ 0⤋
She will receive her 1/2 of the debt and the foreclosure. But if it is sold she will get her half of the equity.
Get a lawyer.
2007-01-02 02:23:10 · answer #4 · answered by Xxar 2 · 0⤊ 0⤋
If they can make the payments, yeah. Otherwise it will go into foreclosure. n
2007-01-02 02:26:43 · answer #5 · answered by Nikki 7 · 0⤊ 0⤋
Yes.... Alot will figure in on how long they were married. And if they make her buy him out on his half of the house loan.
2007-01-02 02:28:21 · answer #6 · answered by sparksgirls6 6 · 0⤊ 0⤋
If they sell the home i think she can, if the home is taken away I think she loses out on it. but talk to your lawyer and see what she can do.
2007-01-02 02:22:09 · answer #7 · answered by misty blue 6 · 0⤊ 0⤋