Mortgage Payments Beofre Divorce in Florida

[conuzedinfla]

Florida; My husband moved out of the marital home at the end of August. He is not helping with the mortgage payments or any of the bills.Do I have to pay these things completely on my own while everything is still up in the air?

He filed the petition for divorce via his attorney and is requesting the court appoint someone to sell the house. If that's the case, why am I being stuck with all of this?

He wouldn't help pay for the lease car(in both our names) at all and I let the lease company reposess the car due to the fact that I can't pay for everything by myself and the fact that he is expecting to stick me with 100% of the debts from our marriage.

We were married five years and my children are not his.

 

[Elliotg]

Hopefully you have an attorney representing your interests. Generally, in family law matters, under Florida's statutes, the obligation for paying attorney fees falls on the party who is best able to pay. In other words, if your husband has significantly more income, then he will likely be held legally responsible for all, or at least a majority, of your attorney fees.

While the home will probably have to be sold, you probably should get credit for the mortgage payments you made.

Try to salvage your credit rating. Do your best to pay any and all accounts upon which your name also appears. Keep records of all account statements and cancelled checks.

Good Luck.-Elliot Goldstein (offices in Tampa and St. Petersburg)

The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts.  Do not rely on this information. Seek a formal consultation with an attorney.

 

[conuzedinfla]

thank you

Florida-thank you for your response. it is my fear that my spouse is setting us up for bankruptcy, intentionally, as it is a pattern with his family. he tried to force me into a bankruptcy a year ago after his dad, uncle, cousin and family friend had filed.

i spoke to the bank and they will do what they can to help me keep the house. we just re-financed and are backwards on the loan, which would leave us owing at least $15,000.

my spouse is also trying to obtain tons of credit and has massive amounts of credit inquiries. he owns half of a home left to him and his sister from his father, almost paid for and his uncle and aunt are the primary tenants of the home. he is claiming hardship to the creditors, or telling them to call his attorney and refuses to make any payments. he's lied on his financial affidavit (twice). his family knows well and has done the bankruptcy route several times, hiding assets, and my spouse's attorney represented my father-in-law (spouse's dad) in his bankruptcy, as well as trying to convince me that we needed to file, too ($8K in debt, i don't think so).

any other words of wisdom for me? i see an attorney tomorrow.