| Renee |
| (Carpal \'Tunnel) |
| 04/01/07 02:58 PM |
Re: Do I have to pay half the mortgage
|
You're right, as long as your name is on the house and the mortgage holder hasn't relieved you of your obligation to repay, you're still going to have to pay your half. The mortgage company isn't concerned with the fact you're not living there, just that they get paid.
Are you considering going to court to force the kids removal from the home? I don't see how a judge will force the kid to live elsewhere when he has his fathers permission to be there. The drug arrest could possibly be looked at as the actions of a vindictive ex (not saying you are one), or even worse, dad took in son to "get him help, but mean xSM wants him out on the street. Oh and look Your Honor SHE has a place to live but my son doesn't."
If you haven't consulted with an attorney yet, do so asap. I can't see anyway to get the kid out without you paying the consequences. Whether those consequences are that you go back to living under the same roof with your pissed off XH after the kid is out, or you stay put where you're at, quit making the mortgage, and end up in contempt of your divorce agreement and/or in foreclosure for lack or pymt. Best case would be if your ex agreed to just take the pymts you don't make out of your part of the sale proceeds, but then that still doesn't mean you'll get the sale done quickly.
Whatever you do, make sure you document *all* of your interactions with the two of them. You never know when it could come in handy. Good Luck--