Mortgage Options?

[bryngene]

Currently, my wife and are seperated, since June. We are communicating and trying to make things work, but I am having the hardest time making a decision of what to do. A lot of things happened for me to make a decision to move out yet again for the second time.

I am paying for an apartment and continue to pay the mortgage on the Real Estate property, which is very stressful and a hardship for me.

Recently, her son, 22, and nephew, 21, have moved into the house with her; along with her other other son of 21. Probably not much I can do about that, just bothers me that people are getting a free ride because of my situation.

With that being said, the mortgage is in my name. We got the house while we were married. I have considered contacting the mortgage company to see what my options are for letting the house go, deed-in-lieu of foreclosure. Is this something that I could consider? or will the marriage prevent that from happening?

What other options do I have?

I also am in the Military (Guard), and really do not want to jeopordize my career…

Very frustrated…please advise.

Thanks,
Frazzled

[Kathleen_Putiri]

If you are married, you likely can’t do a deed in lieu of foreclosure without your wife’s signature. If you can’t come up with an agreement with her about when she will move from the residence and placing it on the market, you may have no choice but to file an action for equitable distribution. I would also file a motion for interim distribution of the house explaining your situation to the court and asking that it be distributed to you since she can’t afford it.