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mpfups

Member
What is the name of your state? Maryland

Need some more advice....My ex and i arent legally separated yet..I live in the new house which has both names on the house...She doesnt give me any money towards the house..I pay it on my own...Is she legally responsible to pay me anything?!

My ex was also denied child support by a mediator in a child support office...I had the kids 5 nights a week at the time..Since then the ex has taken my daughter out of the school she was attending near our house and moved her to a new school in a different county without talking to me about it...Now she keeps the kids from me on the weekdays but gives them to me on the weekends...My daughters are with her lovers (Which is a girl) kid in their 2 bedroom townhome..The kids all share beds..They have their own beds here...What do you think the judge will think of this, and with my wife being a lesbian now & sleeping in the same bed with her lover...
 


VeronicaGia

Senior Member
Since you are not legally separated there isn't much you can do.

If your wife's name is on the mortgage, she is legally responsible for it just as you are, but if you only pay 1/2 of the mortgage, the mortgage company isn't going to care that you are going through a divorce and will foreclose or take other measures per the loan contract.

What you need to do is file for divorce, custody and child support. It is in the best interests of the children to stay in their home, stay in their school, stay with what they know. Since at this point neither of you has custody, either of you can do whatever, so you should file right away.

Also, please try to keep your posts together. You can ask several questions in one post or ask a few and reply to those who have replied.

In another post, I suggested you go to this website:

www.deltabravo.net/custody/

Go to the fathers issues board.
 

mpfups

Member
Well...

I have been paying the mortgage & all i just think its ridiculous with laws that absolve her from helping out with it...I have filed for divorce & all but like i have said nothing will go down til the 28th of this month...
 
B

Boxcarbill

Guest
Re: Well...

mpfups said:
I have been paying the mortgage & all i just think its ridiculous with laws that absolve her from helping out with it...I have filed for divorce & all but like i have said nothing will go down til the 28th of this month...
Well, exactly, what law has absolved her from helping out with it? The court only has jurisdiction over the parties appearing before it. In a divorce action, the parties would be a husband and wife. A mortgagor and the other creditors are not before the court and cannot be ordered to change the terms and conditions of their contract. Therefore, since both you and your wife applied for the loan, contracted with the mortgagor for the loan, you both will remain jointly and severally liable for repayment of the loan and the house will remain as collateral securing payment of the loan--regardless of what the division of the property and debts are in the divorce. Joint and severally liable means that the creditor can look to either or both for repayment of the loan. And it the mortgagor doesn't get paid, it will show up on both of your credit reports. The division of debts in a divorce pertains to you two; it does not bind the creditors in any manner whatsoever. Your cause of action for her failure to pay a debt that she was ordered to pay pursuant to the divorce and that you had to pay to protect your credit rating is against her. And no this doesn't absolve anyone of the debt for which they contracted.
 

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