|
ellenrose
|
|
(recently joined)
|
|
04/01/07 01:10 PM
|
|
|
|
|
|
|
|
Do I have to pay half the mortgage
|
|
I am recently divorced and my ex and I have our home on the market. Until a couple of weeks ago we were living in the house together splitting the bills. My ex decided to have his adult son move in about 2 months ago (against my will). His son is a drug addict and brought drugs in the house a week after he moved in. When I found the drugs and confronted my ex, he told me it was none of my business. He pays all his sons bills and lets him do whatever he wants in the house; including having drugs and pornography in the house. I have been staying elsewhere for the past couple of weeks because I came home one afternoon and found his son drunk, vomiting on the front room carpet, with drugs and paraphenalia on the living room table. I called the police and he was arrested; but the police told me I should stay somewhere else because once he was released from jail he would be able to return. My ex husband is a truck driver and is gone approx. 4 days a week. He enables his son and is verbally abusive to me. I don't feel safe in the house with them and have had to go to my house and get things I need when they aren't there. I am still paying 1/2 the mortgage at this point but can't live there. My question is; do I have to keep paying 1/2 the mortgage when I can't live in my own house. Has anyone had to deal with anything like this before. I know as far as the mortgage company is concerned I am responsible for the loan too. Does anyone have any idea how a judge would rule on this if I have to take it to court. I don't want his son living in the house either, he won't keep it clean and I'm afraid if will take forever to sell. I want out of this and away from my ex and his son.
|
|
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--
|
|
ellenrose
|
|
(recently joined)
|
|
04/01/07 04:31 PM
|
|
|
|
|
|
|
|
|
Re: Do I have to pay half the mortgage
|
|
I did speak with an attorney and he told me because his son is an adult and NOT paying any rent, I could file an eviction notice and possibly get him out that way. It doesn't seem quite fair that I'm paying half the kids bills. He can't get a job because he can't pass a drug test. The rules were when he moved in; NO drugs, get a job and keep your room clean... he is a PIG. He had a place to live and a job before he moved in with us. His dad did want to help him out and I'd like to see him get well too; but his dad gone a lot of the time and a HUGE ENABLER when he is home. "I'm" the one that has to deal with the crap, I can't believe he can just do whatever he wants ..bringing drugs into my house, and there's nothing I can do to get him out. This is really frustrating to say the least!
|
|
Renee
|
|
(Carpal \'Tunnel)
|
|
04/01/07 07:40 PM
|
|
|
|
|
|
|
|
|
Re: Do I have to pay half the mortgage
|
|
Very frustrating I'm sure, and by no means should you have to put up with drugs in your house! What I guess it comes down to is that since dads name is on it too so he has a say. Hopefully he feels as strongly as you do about cutting ties, and will see that the kid is a hindrance in getting the home sold. Unless you can become enough of an irritant to him via the courts to outweigh any benefit he's earning out of the current arrangement, you've got a road to hoe.
|