jhan6120
journeyman
Reged: 01/31/07
Posts: 60
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My wife is getting a cash settlement re: our divorce and says she will be moving to California. We are currently trying to sell our home, and she says that she will move to California even if our home is not sold. The mortgage is in both our names. I am under the impression that regardless of what she does or where she lives, she is responsible for the mortage along with me.
My question is whether or not she can pull any fast ones on me. For example, by claiming economic hardship and getting a judge to say that she doesn't have enough income to pay the mortgage anymore, and so I get stuck with all of it. Can she bring me to court to try to prove that?
We are currently waiting for a draft of our settlement agreement. Should that agreement state specifically that my wife will be responsible for her part of the mortgage, no matter what, until our home is sold?
Tks.
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RedskinFan
enthusiast
Reged: 01/23/06
Posts: 240
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If the mortgage is in both of your names, then both of you are responsible for the payment. Best case scenario, the judge says she has to refinance in her name only, and she does not (or drags her feet) until she does, you are both responsible.
Yes, she can pull a fast (or slow) one on you. The credit companies aren't going to care what your divorce decree says.
If she doesn't have enough income to refinance then she cannot afford the house. It is better for her to move to a cheaper place then it is to try to stay in the same place "for the kids" and be so poor she cannot afford gas. Kids are resiliant, they will adjust, they just want their parents. Please don't think a house, a thing, makes a home. If the house owns you, it's a curse.
Y
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yregna
veteran
Reged: 07/25/06
Posts: 1265
Loc: Oregon
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She is making it clear she won't pay her portion of the mortgage, you'll have less leverage on her soon.
Dump the house NOW !!
--------------------
"Anything free is worth what you pay for it..."
"Climate is what we expect, weather is what we get"
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