My wife wants me to pay for part of the mortgage and I am not living in the house.

restraining order against me because of hearsay abuse of her dog

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traumanurse said:

What is the name of your state? TN

My wife and I are getting a divorce soon. She is living in the house because I have no interest in the house. Should I have to pay part of the mortgage? Also she says that if i decided to stay in the house even though she wants to be seperated, she will obtain a restraining order against me because of hearsay abuse of her dog that she is trying to pin on me. Is that possible?

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Ohiogal said:

YOu have no interest in the house? What does that mean? Are you on the mortgage? If so, you have a legal responsibility to pay it. Hearsay abuse of her dog? Can she prove you abuse the dog? I agree with G, what did the dog tell her and is the dog willing to testify. Since a dog is property, she cannot get a restraining order prohibiting you from living in the house based on your treatment of property unless said treatment imminently endangers her.

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LdiJ said:

While a pet is property, there are laws against cruelty to animals. While its unlikely to result in a restraining order, there could be other consequences.

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traumanurse said:

What is the name of your state? TN

My wife and I are getting a divorce soon. She is living in the house because I have no interest in the house.

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nextwife said:

I think by this he is not refering to "financial intereest" or "ownership interest", he means he isn't interested in keeping it.

He could ask that the house either be sold, or that she refinance him off the loan, if she wishes to keep it. In the meantime, if he does NOT make certain the mortgage is kept current, and not defaulted, he sould end up messing up his credit.

I sure as he** hope he didn't do anything to the dog, and that if he did, the authorities throw the book at him. Only the lowest form of pond scum would hurt a defenseless animal.

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Ohiogal said:

Agreed again. However OP needs to clarify what interest he is talking about. And I also would not suggest that he allow her to refinance the house to take him off the mortgage or quit claim it until this has gone through the courts. That could complicate things.

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nextwife said:

Agreed. By "ask" I meant: include that as a provision in his divorce filing. I should have been more precise.

And, of course, if he is neither on title nor the mortgage, then it is absurd for her to ask that he share the mortgage payments for her to live there..

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