Ex wont pay his part of mortgage

[Amsily23]

What is the name of your state? Texas

My divorce was final in 11/05. My ex is supposed to pay a portion of the mortgage. He has decided he is not going to pay anymore and wants the house to go to foreclosure. I have the conversation on tape. The payments are now 2 months behind. He's getting remarried which is why he doesnt want to pay anymore

I can't make the full mortgage payment and the mortgage company wants the full amounts. I feel soooo stuck! What can I do? I dont want my house foreclosed on - its on the market and waiting for a buyer.

If I have to take him to court can I also make him pay court costs and my lawyer fees? What can I do since I can't make the full payments? Thanks for any help. Much appreciated!

 

[ceara19]

If the judge finds him in contempt for not making the payments, then yes, he is responsible for reimbursing you for the court costs and attorney fees, but you will still be out the money up front. Plus, it's just like the house payments, just because you have a judgement, doesn't mean he's gonna pay it.

How long was he ordered to pay half after the divorce was final?

 

[Amsily23]

He is ordered to pay 40% of mortgage until the house sells.

 

[ceara19]

By not paying he's risking his half of the equity too. If the house does go into forclosure, he could be responsible for paying you your half of the equity had the house sold for fair market value. You could even get a lien against any property or bank accounts he has until the amount is paid, but that won't stop him from making purchases in the new wife's name.

 

[Amsily23]

Actually the new wife has terrible credit. She is not able to obtain credit. I doubt he would be able to make any purchases in her name which is probably to my benefit in this situation.

Thank you so much for your help. I've been worried about this all day! My attorney did not call me back and there is no way I could go the whole weekend without some sort of information.

 

[LdiJ]

Actually the new wife has terrible credit. She is not able to obtain credit. I doubt he would be able to make any purchases in her name which is probably to my benefit in this situation.

Thank you so much for your help. I've been worried about this all day! My attorney did not call me back and there is no way I could go the whole weekend without some sort of information.

I would strongly recommend that you find some way to get the mortgage payments caught up. Otherwise you both are going to lose. Borrow the money if you have to. You can pay it back when the house sells.