Wife left house and will no longer pay mortgage

[limpy]

What is the name of your state? MD

My wife and I had a separation agreement stating that we would live in the house until it was sold. Both of our names are on the mortgage and on the second mortgage. Her and her attorney stated that she would move back to MI (she wanted to) and will not pay any of the mortgage. It would be extremely tough for me to pay for the house by myself but I would not be able to do anything else... Now I do not want our credit to go down the tubes nor do I want to struggle while she is sitting at home with her folks living just fine. I looked into a reverse Mortgage and my bank does not offer it. What should I do or what would you suggest? Thank you!!

 

[tigger22472]

What is the name of your state? MD

My wife and I had a separation agreement stating that we would live in the house until it was sold. Both of our names are on the mortgage and on the second mortgage. Her and her attorney stated that she would move back to MI (she wanted to) and will not pay any of the mortgage. It would be extremely tough for me to pay for the house by myself but I would not be able to do anything else... Now I do not want our credit to go down the tubes nor do I want to struggle while she is sitting at home with her folks living just fine. I looked into a reverse Mortgage and my bank does not offer it. What should I do or what would you suggest? Thank you!!

Is the separation agreement signed by a judge and what exactly. (i.e. word for word) does it say on this issue?

 

[limpy]

Nothing was signed by a judge. This was done with or attorneys. "The agreement stated that we would live in the same house until it was sold."

 

[Ohiogal]

Your separation agreement means nothing if it is not signed by the judge. She can move if she wants. You can move too. The fact that she doesn't care about her credit doesn't mean much -- you still have to pay if you want the house and your credit intact. I would go to court, file, and get a court order mandating that she has to pay the mortgage or a portion thereof until the house is put up for sale and is sold.
As for reverse mortgages -- most banks only do that if you are senior citizens which I am going to assume you are not as your wife went home to live with her parents. Or you could be. But even then I believe both people on the mortgage have to be seniors for banks to look at a reverse mortgage.

 

[limpy]

Thank you for your help... Does anyone know of a way that I can save our credit through different loans?

 

[seniorjudge]

Your separation agreement means nothing if it is not signed by the judge. She can move if she wants. You can move too. The fact that she doesn't care about her credit doesn't mean much -- you still have to pay if you want the house and your credit intact. I would go to court, file, and get a court order mandating that she has to pay the mortgage or a portion thereof until the house is put up for sale and is sold.
As for reverse mortgages -- most banks only do that if you are senior citizens which I am going to assume you are not as your wife went home to live with her parents. Or you could be. But even then I believe both people on the mortgage have to be seniors for banks to look at a reverse mortgage.

Since when do judges sign separation agreements?

 

[limpy]

That is what I have been told. I was told that it is a contract between the both of us until the divorce is final. Also in the agreement it states that both of us will pay for half off all the bills for the house until it was sold. She will not what can I do to force (get her to do it) her to pay her half?

 

[xylene]

sue he for the amount of shen has not paid?

deduct the amount she has not paid from her share of the homes procedes?

What does your lawyer say?

 

[limpy]

I could do that but the thing that I will run into is that I will struggle to live month to month and she will be doing fine... That is what I am trying to avoid. I am thinking about increasing our 2nd to pay for all the bills and than when the house sells than pay off the 2nd. Is that something that could be done and not be such a big deal?

 

[CJane]

I could do that but the thing that I will run into is that I will struggle to live month to month and she will be doing fine... That is what I am trying to avoid. I am thinking about increasing our 2nd to pay for all the bills and than when the house sells than pay off the 2nd. Is that something that could be done and not be such a big deal?

The chances of you being able to increase the debt load on the house without her signing off on it when it's in both your names are pretty slim. I'd even say that they're 0, but I suppose anything is possible.

You're most likely going to have to suck it up and scrape by until the house sells and then hope to either sue her for the money you're out, or recoup the difference in the equity if any.

 

[rmet4nzkx]

It sounds like you will need to put the house up for sale if you cannot pay the mortgage.

 

[nextwife]

What could you get for rent?

 

[Ohiogal]

Since when do judges sign separation agreements?

In Ohio they do. Seriously.

 

[limpy]

We are in the process of selling the house. I was looking for help until the house is sold. I thought about getting a roommate and have them pay around $750. But that is trying to get someone to do it. I think it comes down to me sticking it out and being out the money to save my credit or not do anything and hope the house sells before it forecloses on me.

PS I have signed the papers to have the up for sell, if she does not sigh them to sell the house what if anything can I do to get her to sell it?

 

[Ohiogal]

We are in the process of selling the house. I was looking for help until the house is sold. I thought about getting a roommate and have them pay around $750. But that is trying to get someone to do it. I think it comes down to me sticking it out and being out the money to save my credit or not do anything and hope the house sells before it forecloses on me.

PS I have signed the papers to have the up for sell, if she does not sigh them to sell the house what if anything can I do to get her to sell it?

You can take her to court and trying to sell before a foreclosure is gambling with the house odds against you.