My ex is still in our house. He is saying he is unable to pay the mortgage, property taxes, and HOA fees. I’m on the deed but not on the loan so I can’t get info from the mortgage company. Is there anything that can be filed to make him leave so that I can move in and take over what he can’t pay? Or can anything be filed to get the mortgage company to talk to me? I don’t want the house to go into foreclosure and he won’t give me any info. In December we had a lien because of unpaid HOA fees. I was able to pay what was owed and they removed the lien.
You can file a motion for temporary restraining order and preliminary injunction (this is not the same as a domestic violence protective order) requiring him to pay the mortgage in order to avoid liens, foreclosures, and unnecessary waste of marital property.
You can also file a motion for interim distribution and ask either that the house be distributed to you so you can move in and take possession of the mortgage, HOA dues, etc. (and it can be court ordered that he turn over the mortgage information) or that the mortgage be distributed to him requiring him to pay the mortgage until equitable distribution is finalized.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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