My husband and I are separating and have been married 10 years. We bought a house 4 years ago and it was deeded to both of us but mortgage is only in his name. I want to stay in this house (for awhile anyway) for our children’s sake- they are going to be upset with this news and putting the house onthe market, i belueve, will be very upsetting to them.He wants to sell ommediately–he says I can’t afford this house if we are divorced. I am dependent spouse. Can he force me to put the house on the market? Can he quit paying mortgage and put us in foreclosure?
He cannot force you to sell the house. If you cannot reach a resolution that both of you can agree on, you may have to file an action for support and equitable distribution so the court can decide what should happen with the house. If you are unable to afford the house based on the income you receive from wages, child support, and alimony, you may have to sell the house.
Yes, he can stop paying the mortgage and move the house into foreclosure. While this isn’t a smart choice for him to make because he is wasting marital assets, you have no way of stopping him from doing these types of things without a court order or agreement.