wife and current home

[hodge918]

So my ex and I are in the process of divorce. We have been doing everything ourselves, things have been civil, we have been agreeing on everything. Up until today. in the paper work she agreed to stay in our home and assume the debt, she can more than afford it. The past couple months she has been complaining that she doesnt want the house because we are upside down (like everyone else) and that she wants to live closer to her mom which is 20 minutes away. Well today i find out that she has rented another house and is just going to walk away from our house which is going to mess up my credit. Now because its in the paper work, can i request thru the courts that she keep paying until the divorce is final and we look for other options?

 

[BayState]

So my ex and I are in the process of divorce. We have been doing everything ourselves, things have been civil, we have been agreeing on everything. Up until today. in the paper work she agreed to stay in our home and assume the debt, she can more than afford it. The past couple months she has been complaining that she doesnt want the house because we are upside down (like everyone else) and that she wants to live closer to her mom which is 20 minutes away. Well today i find out that she has rented another house and is just going to walk away from our house which is going to mess up my credit. Now because its in the paper work, can i request thru the courts that she keep paying until the divorce is final and we look for other options?

If there is a court order for her to pay the mortgage and she has not you can file for contempt. I would suggest you pay the bill so that your credit isn't messed up and request reimbursement in your contempt filing.

 

[hodge918]

well there isnt a court order yet, we havent even seen the judge yet. In the paper work sumbitted to the court she said she would take over and assume the debt for the home and continue to live at the residence.

 

[BayState]

well there isnt a court order yet, we havent even seen the judge yet. In the paper work sumbitted to the court she said she would take over and assume the debt for the home and continue to live at the residence.

If there is no court order then you are just as responsible as she for the payments.

 

[Theresagail]

No matter what, you are just as responsible for the debt as she is in the eyes of the finance company this divorce is between you and your ex and has nothing to do with the legal binding contract you both signed, that contract will supersede your divorce decree.