Defaulting on a mortgage

[ehsdancr]

What is the name of your state (only U.S. law)? GA

I have not yet filed for divorce. My husband is threatening to default on the mortgage. I have two small children and don't know what I should do. Can he do that. Can he legally be stopped while I persue the divorce?What is the name of your state (only U.S. law)?

 

[nextwife]

Pay the mortgage yourself. Or talk him into selling the house and get your own after the divorce.

If you don't have a job, get one. You will need it to pay the mortgage if you stay there. Even if you are granted primary custody and get child support.

How long were you married?

 

[mistoffolees]

Pay the mortgage yourself. Or talk him into selling the house and get your own after the divorce.

If you don't have a job, get one. You will need it to pay the mortgage if you stay there. Even if you are granted primary custody and get child support.

She can also file for temporary support to carry her through until the divorce is final. No guarantee it would be enough to cover the mortgage, but she's likely to get something in this situation.

 

[Ohiogal]

She can also file for temporary support to carry her through until the divorce is final. No guarantee it would be enough to cover the mortgage, but she's likely to get something in this situation.

Also no guarantee that he would pay. Realistically he cannot pay the mortgage if he doesn't feel like it. It screws his credit and may get him a contempt IF the court orders he must pay it. However there is nothing forcing him to actually pay it.

 

[mistoffolees]

Also no guarantee that he would pay. Realistically he cannot pay the mortgage if he doesn't feel like it. It screws his credit and may get him a contempt IF the court orders he must pay it. However there is nothing forcing him to actually pay it.

True. However, he's much more likely to pay it if there's a court order.

 

[nextwife]

She can also file for temporary support to carry her through until the divorce is final. No guarantee it would be enough to cover the mortgage, but she's likely to get something in this situation.

I did not mention it because I have no idea how short term the marriage is, whether the poster has their own income, whether the house is a premarital or marital asset, or anything more than the poster has two young kids and is female. She may have no reason to qualify for s. support.

 

[ehsdancr]

Defaulting on a Mortgage

We are married 2.5 years. I am employed and make about 20k; which is not enough to handle the mortgage. My husband has a good job and can afford it. Obviously, he is doing this out of spite, because I have initiated th divorce. But I want to make sure I have a roof over our heads. The house is a joint pre-marital asset; which was a mistake on my part I'm sure.

 

[nextwife]

We are married 2.5 years. I am employed and make about 20k; which is not enough to handle the mortgage. My husband has a good job and can afford it. Obviously, he is doing this out of spite, because I have initiated th divorce. But I want to make sure I have a roof over our heads. The house is a joint pre-marital asset; which was a mistake on my part I'm sure.

A thirty month marriage is VERY unlikely to result in spousal support.

Who has use of the house right now - or are you both there?

If you cannot afford the mortgage, how will you be able to refinance him off the loan and keep the house? Is there equity? If upside down, you do realize that you and he are jointly liable for the shortfall on the mortgage?