• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Can I take action against my husband?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

KarenK65

Junior Member
What is the name of your state (only U.S. law)? Ohio

I'm a 52 year old woman, working part time from my home typing reports for a friend's business. (I have back problems and I might need surgery, so I can't stand or sit for long periods of time, keeping me from working at a register or in an office.) My salary goes for groceries, to pay the phone bill, and the internet connection.

My three children live at home, one just lost his job from a company that manufactured expensive windows for homes, due to lack of business in the company, my oldest daughter just graduated from high school, and is working part time, and I have an 11 year old daughter.

My husband is working part time; he lost a good job back in 2005, and hasn't been able to find a good paying job since.

Through a very complicated series of events, he allowed our house and the house of his late mother's to go into foreclosure. (She owned our home and her house, as well as a rental property. He was told by an attorney to let the homes go into foreclosure, because "It will take them years to get your home”, which we found out is not true. I had NO idea this was happening, since all the paper work went to his mother's house, and I saw none of it. I was so angry, since he could have kept this from happening, but he stood by and didn't lift a finger to stop it.) He lost his mother's house to a sheriff's sale in March. Our home is going through Loss and Mitigation. He made an agreement with the mortgage company in December that he would pay them so much money a month, from January to June, while trying to find a better paying job. Then, he'd call them in June, and they would refinance the loan, and extend the loan for several more years to pay off what he owed them.

He hasn't called them since the initial agreement ended last month; they’ve left two messages on our answering machine, which he’s ignored. I have kept reminding him, in a nice way that he must call them NOW, but he ignores me. I tried calling them myself, but they wouldn't discuss the situation with me. I am frantic. I don't want to lose our home. We have two dogs and two cats, and no credit...I can't move into an apartment, and couldn’t afford rent on a place that would accommodate my family anyway.

He isn't paying the bills, the electricity was almost shut off this week, and if my son hadn't made the payment on it...maxing out his credit card, I'd have no electricity. The gas is due for shut off next week, he hasn't paid the taxes on the rental property, and there is a problem with that. He is making enough money to pay these things...I just don't know what he is doing with the money because he took out his own bank account this year and supposedly is putting his paycheck in the bank to pay the bills, which he is not doing.

Is there any legal action I can take against him, outside of a divorce, to make him pay the bills, and call the mortgage company so we don't lose the house? I need to protect the interests of myself and my children. Do I have any rights? I don't want to divorce him, my 11 year old daughter adores him and is very close to him, (not knowing that daddy is a real louse, since I don't talk bad about him in front of her.), and it would kill her if we divorced. He is supposed to get the rental property changed over to my name, so I can make arrangements to pay the back taxes on it, and at least protect the property, in case we should lose our house, but the rental property is in a bad section of our city, and I don't want to move my family there, and so far, he hasn’t gone to our attorney, paid the fees, and signed the paper work to start the transaction. (He filed bankruptcy last year, to save our house from being sold at sheriff’s auction, but he voluntarily dismissed it to go into Loss and Mitigation.)

Do I have any rights? Can I take action against him to perform his duties as far as providing for his family? If so, what can I do? Thank you so much.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


Gracie3787

Senior Member
You should get a consult with a local attorney. In the mean time, tell your 2 adult children that they need to pay thier own way, or get out.
 

KarenK65

Junior Member
My two children do pay some of the bills, but my son is on unemployment while looking for a new job, and my daughter doesn't make that much money, she's going to college in the fall. Her money pays for her clothes, cell phone, and she buys things for the 11 year old. When my son was working, he made the house payments several times, and paid the gas and electric bills, that's why he has practically no savings to show for the work he did. What I make is mostly going for groceries now, especially since the food prices have jumped so much.
 

nextwife

Senior Member
Have you done any research to see if there are any legal matters, garnishments, lawsuits against him? Unpaid older creditors? Perhaps there are multiple garnishments of which you are unaware that are eating up a big chunk of his salary, maybe even a CS garnishment resulting from before you knew him. And he keeps hoping if he ignores the problem, it will go away. In my work, I come across plenty of these : ". . . he/she THINKS I have money that I don't have because of this X situation."
 

nextwife

Senior Member
Yup. I'm dealing with a foreclosure right now in which the wife went through all sorts of household money, put them in debt, and is now in jail on drug charges, leaving dad with debt, foreclosure and two young kids to raise without any child support. All due to getting hooked on drugs.

But I have also seen some cases in which the other spouse did not know there was a huge garnishment sucking money out of spouses income. Sometimes back taxes, CS, or other legal troubles.
 

JJump

Junior Member
This is a difficult situation, but it seems to me that it's not just your husband's responsibility to pay the bills. There are 4 grown adults in that household. Surely between the four of you, something can be done.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top