Spouse Threatening Foreclosure


#1

My spouse will not agree to any separation agreement offers. He will not leave the house, is not paying the mortgage, and says that he will not leave until there is foreclosure on the house. The deed and the loan are in my name, as separate property. We don’t have a lot, so filing for ED and court don’t make financial sense. I am struggling to pay the mortgage and my rent and utilities. The equity in the house is much less than the cost to go to court. The only joint possession that we have is the car, which is paid for with many miles on it, so the value is very low. In addition most of the furniture was mine that I had before the marriage, so the only assest of value is the house.

My question is are there any advantages of waiting a year and a day if he has said that he will file for alimony and my retirement? Will his stupid stubornness help me to get and unequitable distribution if we do have to go to court? I have borrowed money to make the mortgage and if I use it for the mortgage, there won’t be money for attorney fees after a year and a day when I file for divorce. I don’t know if he has an attorney, he won’t say. I can’t imagine any attoreny telling him not to try to do a separation agreement and force foreclosure on the house.

How will the judge or will the judge consider the fact that he will not leave the house when he is not paying the mortgage and threatening foreclosure if we have to file for ED so that I can have the house?

After a year and a day, the house will probably be mine as separate property? If so, how will I get him out of the house at that time?

I just want to be sure that I am using the money that I have borrowed effectively.


#2

There is no advantage in waiting to file for divorce. When you file for divorce, your spouse will file a counterclaim for ED, and you will be stuck litigating the issue anyway. IF you file now you can at least get some relief now, and seek that possession of the home be relinquished to you. I cannot say how any judge will interpret facts, but your ex’s refusal to contribute to the mortgage and his refusal to leave the home certainly wouldn’t gain him any favor.

The home will not be yours after a year and a day. If the divorce goes through and your spouse does not file for ED then the home will go by title, and you will be the sole owner at that point. After you are divorced you may proceed with an eviction action.