OH MY, been there
dncncs said:
What is the name of your state? Massachusetts. My wife and I are currently seperated, she is in our house (both names on mortgage) in Massachusetts and I am residing in Colorado during this seperation. My wife is asking me to pay half the mortgage payment because she states she cannot afford it. She stated she does not want me back when I tried to reconciliate with her. Am I financially obligated to pay half the mortgage payment until the legal matters are started? She does work full time but does not make enough money to pay the whole payment. Also, I would simply prefer for her to sell the house, and she does not want too and expects me to pay half the mortgage payment because she wants to stay in the house. I cannot afford to live on my own and pay half our mortgage payment. She is also living in our house with all of our belongings...and she won't split the furnishings 50/50, so I am out here in Colorado with just my clothes and my car. What is my obligation to her, if any? There are also no children involved (she has two from a previous marriage). Can I make her sell the house? Can I get my name off the mortgage? I'm very confused on what to do.....Thanks for any input you may offer.....
Hello from Minnesota
Dear, you really need to speak to a divorce attorney or 2. I think they will tell you that you will be responsible for half the mortgage payment while in seperation but ask them. If so, get that divorce going immediately and see if you can make her sell the house with 50% going to you since there are no
children. I think she may not have the option of keeping it but I do not know the Mass. divorce laws. You should probably be in Mass. to do this but ask an Attorney that question too. It is Free to call a couple up and just ask a couple questions. Also ask about the furnishings but at this point who cares,
Unless you have family or sentimental items involved.
Is there another reason maybe that she would contest selling the home
because I think another way to go would be for her to buy you out of your
half. She could take out a loan or even a second mortgage and then refinance
it into one mortgage payment at a lower rate of interest. Just an idea.
If you find you need to get out of the house payments you can Quit Claim the mortgage to her but Only if you get destitute. I mean, I think she will be made to sell it but if it drags on for a long time. If you Quit Claim the Deed, the house will be totally hers. Work with other ways first but don't divorce
with nothing settled and not Quit Claiming the Deed Or your credit will be
ruined if she doesn't keep up with the payments and it goes into forclosure.
That usually takes about 9 mo. after forclosure starts until the sheriffs sale.
It could be longer or shorter in Mass. This would be after payments were already in arears. When this happened to me my attorney did not tell me
to quit claim the deed and I found out later that I could have lived there for
6 or 7 mo. mortgage free. It also ruined my credit for 7 years. Neither one of us lived in the home at the time. However, while Legally Seperated my husband did make the payments and I paid the bills until we reconciled. (once) If you were to reconcile with her before a sheriff's sale you could still make the back payments and keep the house also.
I am just going to say this because you did not give a reason that she
does not want you back in the home for now. Please, no offense meant. If it is because of an alcohol or drug problem please just go to treatment and
don't even pass Go. (monopoly game) Your choice of State. If it is because of infidelity you may be screwed, but again speak with an attorney and
Stop putting it off. I can only think that whatever happened was not reconcilable with flowers and candy right? I know it seems like the end of the world to you but it will subside. I was married 18 years and 7 years later, secondly, so far 8 years. You can send me another message if you like.
The Best Future to You
~Mary~
