Home foreclosure

My husband and I are separated (working on a formal separation agreement).

He is not living in the home we have together, but I am with the children. He is refusing to pay anything toward the mortgage, and also refused to do a quit claim. I need to refinance the home (because he has us in a 10% interest only loan that I cannot afford on my own).

If he is not paying toward the mortgage…and I cannot afford the entire amount…what am i to do? Should I not pay as well and let them put it into foreclosure so I can get out of the mortgage (he will not refinance in his name either)? Should i try to pay the whole amount, even without his help, so my credit is not further ruined?

I should also mention that I gave him $ toward the mortgage when we were married and living together…but he did not pay the mortgages on time for the last several months…so my credit score has been reduced to a “poor” status. I am not sure what to do about the home or how to move forward.

You need to file an action for Equitable Distribution of Property, Alimony, Post- Separation Support, Child Custody, and Child Support. If your husband is refusing to cooperate and help you meet the family obligations at this point, he will likely continue to make this difficult for you. You are entitled to child support at a minimum, and this can be awarded pretty quickly. You may also be entitled to have your spouse pay a portion of your legal fees.
I suggest you meet with an attorney in the immediate future to discuss the specifics of your case and get the ball rolling so you can begin receiving the support you need.

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