We are currently separated, and I live in the house that we bought together. Both of our names are on the deed and the loan. Can I make him pay half of the mortgage payment while I am living in the house since, legally, the house is still half his? The house is on the market, and I can't afford to keep up the payments and the upkeep by myself.
Mature answers only please!
2007-12-27 05:52:43 · 13 answers · asked by takemymulligan 4 in Family & Relationships ➔ Marriage & Divorce
Unless you are LEGALLY separated - (documented in court with specific outlines of who is responsible for what signed by judge)...no. You can ask, but he doesn't have to pay a dime for something he isn't getting use of - regardless if he is on the deed/mortgage or not - he can, if he so chooses, let it go into forclosure.
So you have two options, talk to him about it and see if he will help you, which is rare between people divorcing - or hurry up and get the divorce going, so that a judge can give you a legal document stating specifically who pays for what during the split - and after.
2007-12-27 06:47:49 · answer #1 · answered by allrightythen 7 · 0⤊ 0⤋
You need to protect yourself and the first thing you need to do is see an attorney file for divorce and get a provisional order entered by the court. There isn't anything you can do about the mortgage. If the mortgage goes into foreclosure, the mortgage company will come after you just as easily as they'll go after him, being that both names are on the mortgage--no matter what a court order says.
However, if a court orders him to pay the mortgage, or a portion of the mortgage, and you end up paying it, you could have legal grounds to file suit against him for the amount that you paid that was his.
Anyway, talk to an attorney fast. They usually give a first time consult at no charge, then you'll get a better idea of where you stand.
2007-12-27 14:10:05 · answer #2 · answered by dark eyes 7 · 0⤊ 0⤋
What state are you in??? It depends on the state.
Some states have stipulations that the spouse is entitled to separation payments. If you can not afford then why are you there-you can come on YA and asked half a question and expect a whole answer, but why?
If you are separated then he is not your ex, you are separated-if he was your ex then he only has to pay what was judged.
If you are separated then somebody drafted the agreement and filed it-a lawyer maybe they would be the ones best suited to ask-plus what do you pay them the $$$ for?
Plus if it was done correctly the lender would have been notified and form filed with them that you are in the process of divorce.
I think if you would like a BETTER answer from YA then you should give more details... and with the details you probably wouldn't have to put the disclaimer on there about Mature answers.
2007-12-27 14:13:44 · answer #3 · answered by hobbs1833 4 · 0⤊ 0⤋
This question can't be answered to your liking without some additional details. 1. Are there any children involved? 2. In which state do you reside? 3. Who left who, that is to say, did someone cheat? And finally, how much money does he make? You're entitled by law to retain a certain "living standard" after divorce.
In the end, the best answer to your question will be furnished by a qualified lawyer in your area. Wishing you the best...
2007-12-27 14:10:33 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If you are the one living in the house, YOU have to make the payments til everything gets settled in the divorce action. Usually the court awards temporary orders til things are complete - so until then, whomever is in the house, has that responsibility. Get an atty!!!!!
2007-12-27 13:59:00 · answer #5 · answered by that judi 6 · 0⤊ 0⤋
All you can do is ask him. Remind him that if you make the payments late, it will affect his credit, too. Also remind him that you'll take a bigger cut when the house sells.
It's better for everyone if the payments are split 50/50 and paid on time.
2007-12-27 13:57:35 · answer #6 · answered by monicanena 5 · 1⤊ 0⤋
If the payments are split the house money will be split. I dont know why the first person thinks you should get more than half it is in both ur names.
2007-12-27 14:01:40 · answer #7 · answered by MJ 2 · 0⤊ 0⤋
I think you can...........plus it doesn't benefit him to let the house go into collections. Keep track of all the expenses for the house. Mortgage, ulitities. All expenses that he did not cover half of should come back to you once the home is sold and proceeds are split. Talk to your attorney.
2007-12-27 13:59:51 · answer #8 · answered by michael w 3 · 0⤊ 0⤋
Yes, I believe so. You need to get a good attorney to enforce the payments.
2007-12-27 14:09:30 · answer #9 · answered by sanddune 2 · 0⤊ 0⤋
you definately can get the court's to try and make him pay. that is if you have a court case yet. its called amotion for relief or something and you ask for him to help pay. there is no guarantee that they will make him pay though. you would think he would try to help since it will ruin both of your credit if you cant pay.
2007-12-27 14:02:47 · answer #10 · answered by icantstandher 2 · 0⤊ 0⤋