Spouse won't pay mortgage, taxes & insurance


#1

Have absolute divorce. ED was filed before final divorce and is in process (spouse asked for extension). Spouse is living in house we jointly own. For 1 year has paid mortgage and insurance but not taxes. Now he is in default in everything. House is worth what is owed. I could pay the insurance and taxes but feel that is just enabling him and he’ll never leave.

I see no choice but to let it go to foreclosure. Advice?

PS: the Rosen paid on-line service was fantastic in getting the divorce and starting ED. Heartily recommend to all.


#2

You should file a motion for interim distribution and ask the judge to award you the house so you can bring it out of default, save any equity you may have in the residence (or just your credit) and/or put it on the market so that you can sell it before it is foreclosed on.

Glad to hear that Rosen Online was able to help you with your filings. You can always sign back up over the course of your case for individualized help with certain matters as they arise.


#3

I have some follow up questions:

X & I are divorced & in process of ED, X is behind $12,000 in alimony and recently let house go into foreclosure (X was ordered to pay mortgage),
Now X is apparently going to file bankruptcy.

  1. What are my options?
  2. will I be forced to file Bankruptcy too?
  3. All bills except 1st mortgage (joint) are in X,s name, will I lose everything?
  4. I cannot pull house out of foreclosure, can I be awarded a higher amount of retirement and still get alimony even if X"s bankruptcy is successful?
  5. What is your recommendation to protect my self? (credit, assets )

#4

You will not be forced to file bankruptcy as well, but when a party files bankruptcy, it stays any equitable distribution claim that may be pending or filed. You need to seek advice of a bankruptcy or foreclosure attorney for assistance with your house.


#5

Thank You Lindsay!
Will a show cause hearing do me any good?
The calendar filled and we were unable to get in this month, so will try again next month.
Would Interim Distribution be a good idea?(for retirement award, back pay for pss & award permanent alimony & remaining assets?)- I cannot afford a bankruptcy/ foreclosure attorney. I’m guessing a stay on ED means to stop it from distribution?
Thanks for any response!


#6

Since there is no existing ED order in place, a motion for order to show cause with regard to the house issues would be inapplicable. There must be an order in place to have a hearing forcing the other party to show cause as to why they are not abiding by the order.

Once your spouse files for bankruptcy there is an automatic stay effective immediately. The stay prevents you from filing an ED lawsuit against your former spouse, proceeding with a lawsuit for ED previously filed, and even attempting to enforce an ED judgement. You will have to receive stay relief from the Bankruptcy Court before any of the aforementioned actions can be taken.


#7

[quote=“Lindsay Willis”]Since there is no existing ED order in place, a motion for order to show cause with regard to the house issues would be inapplicable. There must be an order in place to have a hearing forcing the other party to show cause as to why they are not abiding by the order.

Once your spouse files for bankruptcy there is an automatic stay effective immediately. The stay prevents you from filing an ED lawsuit against your former spouse, proceeding with a lawsuit for ED previously filed, and even attempting to enforce an ED judgement. You will have to receive stay relief from the Bankruptcy Court before any of the aforementioned actions can be taken.[/quote]

Thanks Lindsay!!
My X was ordered to pay mortgage & pss. Obviously X stopped. So show cause/ contempt would do me no good? Apparently X has not filed bancruptcy yet but is threatening too.


#8

If there is an order in place, and he is not abiding by those terms, then you can file a motion for order to show cause.