House in wife's name only, husband living in it not making mortgage payments.

[Bxrgrl1973]

Pennsylvania. I'm going through the worst possible divorce imaginable. I own a home which I bought in my name only during the course of my marriage. The house is worth the same as what I owe, no equity in it. Filed for divorce in October of last year, husband promptly feigned an injury at work and has been on workmans comp ever since. I had been living in the basement of our home since the summer of last year. Husband started damaging my vehicle, destroyed my iPhone 3 times, put a GPS tracker in my car, put dirt from the vacume canister in my bed, stood over me in the middle of the night- his face just inches from mine and a bunch of other acts of intimidation.. The last straw was that he tampered with my food for 5 weeks and caused a lot of medical problems for me due to a pre-existing condition the food I was eating aggravated. I went to the police but they would not do anything because he evidently filed a police report 2 months prior accusing me of assaulting him (which is absolutely not true) and they said they would look into it but I never heard a word back from them. Long story short... I left my home in April 2015. He is still in the home with my 2 kids 18 & 10) and court recently gave him temporary primary custody of my son since he is the one in the home. Then came the most reprehensible thing: he starved our family dog after I left the home. (7 year old Great Dane) and locked him in a room in the basement so he wouldn't have to deal with him. (I have since rescued the dog from him! I didn't have a place to bring him at first and I never imagined he would do that to him but he is now with me at my parents) it was sickening to see what was done to the poor thing. At this point he will not leave the home and will not pay one penny towards mortgage. The home is now in default. I could cure the default tomorrow but I cannot get him out. My question is: is there any way to get him out. My attorney says I should pay the mortgage until we get a divorce decree (8/2016 will be 2 years separation) and try to get him out at that time. But I cannot pay the mortgage in full without something from him and I'm not even living there. He absolutely will not agree to sell the house. He is living there rent free with no job and no credit.
As a side note, I was working with my mortgage company and a financial counselor and was working towards a deed in lieu of forclosure or a short sale but he will not agree to either. He will not allow anyone from the bank to come in and inspect the property. The bank will not even consider either option if he's occupying the home.
I would love to get him out, cure the default ($10,300 which I could get from my BF) and live happily ever after but I don't know how to get him out. No one will help me cure the default if he is living there because they feel they will be giving me the money for nothing since he will just keep squatting in the house. Do I have any legal recourse that my attorney isn't giving me?? I find it hard to believe he is able to force me into forclosure and there is nothing I can do about it.

 

[justalayman]

You're getting ahead of yourself. Did you ever file for temp possession of the marital home? You should have include that in your very first filing. Since even if you did you were denied, where you are now is to work through your divorce.

a foreclosure could go on for years. On top of that since it's only in your name, it's your credit history you would be damaging.


But why should he pay anything towards your mortgage on your home? Have you asked the court order him to make the mortgage payments while he resides in the home?

And what do you mean he will not agree to sell the house? You said everything is in your name. He can't stop you from selling your house (although a court could) but if he isn't willing to move many buyers don't want an occupied home with s tenant they may have difficulty getting out.

The only one forcing you into foreclosure is you. unless the court ordered otherwise, it is your obligation, and only your obligation, to pay the mortgage. If the court did order your husband pay the mortgage the take action on the fact he is not complying with the courts orders.

 

[Silverplum]

Sure, get your boyfriend to pay. That IS a plan.

 

[stealth2]

Pennsylvania. I'm going through the worst possible divorce imaginable.

I stopped here.

 

[latigo]

The reason your divorce is the "worst possible imaginable"! is because you lawyer is the "worst possible imaginable"!

 

[latigo]

Have you considered that a Title Company would refuse to insure marketable title without the husband's signature to the deed; regardless of the character of deeded ownership? None that I have ever dealt with would take that risk.

 

[latigo]

You're getting ahead of yourself. Did you ever file for temp possession of the marital home? You should have include that in your very first filing. Since even if you did you were denied, where you are now is to work through your divorce.

a foreclosure could go on for years. On top of that since it's only in your name, it's your credit history you would be damaging.


But why should he pay anything towards your mortgage on your home? Have you asked the court order him to make the mortgage payments while he resides in the home?

And what do you mean he will not agree to sell the house? You said everything is in your name. He can't stop you from selling your house (although a court could) but if he isn't willing to move many buyers don't want an occupied home with s tenant they may have difficulty getting out.

The only one forcing you into foreclosure is you. unless the court ordered otherwise, it is your obligation, and only your obligation, to pay the mortgage. If the court did order your husband pay the mortgage the take action on the fact he is not complying with the courts orders.

I fully agree that the slob should have been booted long ago and other appropriate interim orders issued. Even if the home were marital she should have been granted exclusive possession, as you say from the very outset.

But with regard to a sale of the home pendente lite unless the husband is willing to join in a deed, or compelled to do so by the court, a Title Company would never insure marketable title.

Her worst nightmare is the lame creep she hired to represent her.

 

[justalayman]

I fully agree that the slob should have been booted long ago and other appropriate interim orders issued. Even if the home were marital she should have been granted exclusive possession, as you say from the very outset.

But with regard to a sale of the home pendente lite unless the husband is willing to join in a deed, or compelled to do so by the court, a Title Company would never insure marketable title.

Her worst nightmare is the lame creep she hired to represent her.

of course you are correct about the title insurance coverage but op has options here, maybe. Even though op claims its her's, there is most likely an issue about marital funds and payments and improvements and such that would be the real obstruction to selling the home. If there are actuslly no such issues she has options, maybe not with the attorney she has but she has options.

 

[Bxrgrl1973]

Hi....
My attorney advised that because I bought the home during the marriage it is considered marital property. She never said anything about filing for temporary possession of the home. I do not want the house to go into foreclosure but I don't know what other legal recourse I have. I have been told by her that he has to agree to the sale and or deed in leiu which he will not. I am reaching out because I have been having the feeling my attorney isn't really helping me. I have already paid her $7,000 and I have nothing to show for it. My husband was awarded custody because he remains in the marital home and I am not even allowed to take a teaspoon out of the house. So what I'm understanding is that since I didn't file for temporary possession of the house from the onset, I don't really have a chance at getting him out and saving/selling the house.

 

[justalayman]

You can save the house by continuing to make the payments you agreed to when you signed the contract. That is outside of the marriage/divorce issue.


You can ask the court your husband be required to make the payments while he resides there but given his infirmaty whether he would or not is up in the air.

If you made payments using marital funds, then yes, it is part of the divorce settlement and you won't be able to sell it outside of the divorce. There are possibilities even with that though but no guarantees. If there truly is no equity in the home, if husband is interested in retaining the home after the divorce you may be able work within the divorce where he is ordered to make payments in anticipation of the home becoming his. The biggest problem there is the outstanding delinquency. If he is dumping the home you may be able to have the court order the home be disposed of now to avoid wasting any more marital funds.

Your attorney (although hasn't shown to be all that impressive) is who needs to be assisting you.

One huge warning;

Do not sign a deed relinquishing your interest (ownership) unless it is concurrently executed with a refinancing of the mortgage releasing you from the current mortgage.

 

[Bxrgrl1973]

Thank you, that makes more sense. The house payment was paid with marital funds. I can't swing the mortgage payment on my own right now without his help. He knows this and is forcing me to go to foreclosure. He also knows it's a very long process and he will have a really nice rent free home for the next two years. This guy. He is a sociopath so he can't help his sense of entitlement and he used me to get whatever material possessions we've acquired over the years the house included. I just wanted him out so I could work something out with the bank and maybe do a modification until I can refinance or sell it. That would have been ideal.

 

[Proserpina]

Did you do anything about the alleged criminal acts?

(Allegedly poisoning you, for example)

 

[Silverplum]

Thank you, that makes more sense. The house payment was paid with marital funds. I can't swing the mortgage payment on my own right now without his help. He knows this and is forcing me to go to foreclosure. He also knows it's a very long process and he will have a really nice rent free home for the next two years. This guy. He is a sociopath so he can't help his sense of entitlement and he used me to get whatever material possessions we've acquired over the years the house included. I just wanted him out so I could work something out with the bank and maybe do a modification until I can refinance or sell it. That would have been ideal.

Well, THOSE facts belonged in post #1.

Sheesh.

 

[not2cleverRed]

The house is a marital asset by your description.

By leaving the house and your children... well, who did you expect to get custody? Frankly, if he were really that bad, I wouldn't have left so much as a house plant there dependent on him upon leaving.

But no, you left your children behind. You rescued the dog, but have expressed not one word of concern about your 10 year old's well being.

Yeah. Worry about the house you left. If "BF" is "best friend", okay, but if "BF" is "boyfriend" then you don't deserve sympathy.

You are the author of your problems. You make allegations, but have no paper trail (police reports), therefore LEGALLY these allegations are not relevant.

So you husband is not doing anything towards mitigating the financial problems. Do what you can to make the best of it without slinging mud at him. Stick to the financial FACTS. Accepting that the house is part of the marital asset/debt would be a start. Stop focusing on "my house".