Wife filed for divorce and husband isn't paying the mortgage, what can she do?

chascomus · Aug 5, 2006

What is the name of your state? California
My sister has filed for divorce and now her husband isn't paying the mortgage....can they loose the property? He knows she will get half....and so he is not paying the mortgage. He is so stupid that he would even jeopradize his future half....
What can my sister do?

garrula lingua · Aug 5, 2006

When she filed the Petition, she should have filed an OSC for support.
The hearing date is usually about twenty-five days from filing, and support, pendente lite (pending litigation) will/can be ordered by the court.

Otherwise, she can try to get a room-mate(s) to help with the mortgage.

rmet4nzkx · Aug 5, 2006

You need to give us all the facts when you ask your question, It would be better adding these facts to your existing quesitons. Is this the same sister who was gifted the house from your mother and she is being evicted? your ever changing story for someone other than yourself makes it difficult to advise, Sis you contact APS yet for your mother?

nextwife · Aug 5, 2006

If she is co-signer on the mortgage, she is equally liable to make certain the mortgage is paid. Hasving a uterus doesn't make one less financially capable, or less financially responsible. Women also make the mortgage payments, just like men do.

Is she residing there? If she weren't she'd have to pay to live SOMEWHERE, so she really should try to get those payments made. Who is living there?

chascomus · Aug 6, 2006

Evi cted, ordered to pay child support, now must pay rent.

Yes, this is my sister who has been evicted by her husband. She also has to pay $700 in child support. Meanwhile the husband is leaving ALL the bills unpaid, MORTGAGE included. How can she pay the mortgage AND her child support AND her rent on the apartment she must find? And WHY wouldn't he be responsable?.....

As for my Mom, yes we are calling APS....but I am at one end of the planet and she and my sister are over in the Bay Area**************So I will have to resume calling on Monday.

BelizeBreeze · Aug 6, 2006

chascomus said:
Yes, this is my sister who has been evicted by her husband. She also has to pay $700 in child support. Meanwhile the husband is leaving ALL the bills unpaid, MORTGAGE included. How can she pay the mortgage AND her child support AND her rent on the apartment she must find? And WHY wouldn't he be responsable?.....
.

Quite the sexist I see. How you you think MEN who are non-custodial parents pay a mortgage, AND child Support AND other bills? Simply put, seems you are not telling us ALL of the story and until you do, you can forget help from me.

Ohiogal · Aug 6, 2006

BB wife is still living in the house with husband. Yes she has been evicted but she is still living there. This is either the wife or her brother posting. They have been whining about this in several different threads that are pretty much the same thing. I told them once about leaving all the questions together in one thread and they refused.
Here is what I have gotten: We are supposed to feel sorry because this woman's husband filed for temporary orders and won. She then must leave the house which her mother gifted to her and her husband. Her mother has not been evicted but we should feel sorry for mom because her poor daughter is leaving and husband apparently is abusive and satan incarnate. Wife did not ask for custody of daughter becaues she thought the child got to choose who she wanted to live with and therefore she put all of her fight into getting the house whereas hubby put all his fight into getting custody of the child. He won custody and the house temporarily and now wife must leave in 45 days.

LdiJ · Aug 6, 2006

Ohiogal said:
BB wife is still living in the house with husband. Yes she has been evicted but she is still living there. This is either the wife or her brother posting. They have been whining about this in several different threads that are pretty much the same thing. I told them once about leaving all the questions together in one thread and they refused.
Here is what I have gotten: We are supposed to feel sorry because this woman's husband filed for temporary orders and won. She then must leave the house which her mother gifted to her and her husband. Her mother has not been evicted but we should feel sorry for mom because her poor daughter is leaving and husband apparently is abusive and satan incarnate. Wife did not ask for custody of daughter becaues she thought the child got to choose who she wanted to live with and therefore she put all of her fight into getting the house whereas hubby put all his fight into getting custody of the child. He won custody and the house temporarily and now wife must leave in 45 days.

From a purely moral standpoint I agree with the wife and her brother. I can't believe that the husband even asked for the house under the circumstances. My conscience would never have allowed me to do that. This poor old woman deeded the house to her daughter and son in law with the idea that she would be allowed to remain there and be cared for by her daughter's family. She would never have made that gift if she had known what her son in law would do.

On top of that the husband isn't even paying the mortgage....and clearly intends for the house to be foreclosed upon.

This is a nasty man with no morals or conscience.

Unfortunately, my personal opinion has nothing to do with the law. The wife better find a way to make the mortgage payments so that the house doesn't get lost....maybe her brother should be helping her. They can recoup the payments in the property settlement.

Ohiogal · Aug 6, 2006

Wife is currently still living there however. And we only know one part of this story. If EVERYTHING OP says is correct then I would agree, HOWEVER, a judge heard more of the story and ruled that hubby should get to stay in the house. Now from what they have said this is a temporary order and not a permanent one. Therefore that doesn't mean hubby gets the house permanently or forever.
I would be interested in seeing why the judge ruled for the husband -- what he heard that we didn't and what OP is not stating.

rmet4nzkx · Aug 6, 2006

The big problem with this is that the family law judge only heard the family law issue and not the issue of the elderly disabled widow who is affected by this as well which is handled in a different court. There is protection, but they have to ask the correct court and the sister hasn't obtained appropriate counsel for these complex intertwined issues, that is why they needed to call APS on FRIDAY I gave the link to APS in San Mateo county and OP asked wht APS is? That is why I suggested an EA restraining order to allow both elderly/disabled mom and her caregiver to remain in elderly/disabled mom's house together, Elderly/disabled mom is allowed to remain, this would effectively cancel the eviction unless husband wants a felony abuse charge brought against him under CA law, California's Elder Abuse and Dependent Adult Civil Protection Act (Welfare & Institutions Code section 15600 et seq.

Brother doesn't seem to have access to the details of the transfer, mortgage, trust or what ever involved with the transfer of what should be sister/wife's separate property, Husband's interest in the property should only be 1/2 of the accrued value from the last 7 years and possibly less, there are issues of estoppel that should come into play under CA law. If husband remains in the house he should pay rent or mortgage and the 17 yo daughter should have some say in where she lives for the next few months.

chascomus · Aug 6, 2006

I'll try to be even clearer.

YES I posted in the other topic...And when I registered into this site I did it for my sister who wrote the first post, and then I wrote the other posts....as her brother....that confused many of you and set off a line of conversations criticizing me. I see some of you have pre-judged me and have directly "hung" me as being guilty for witholding information...or even as some have mentioned, telling lies.

Firstly, what the judge heard was the husbands "claim" that wife is "disrupting" the family, and that he and the kids would like her to leave. I personally talked to the daughter, (my niece) and she was basically BOUGHT.....It took only about ONE laptop computer, ONE Palm Cel phone, and a "shopping spree" through Nordstroms to get her on the father side. The father has been saying lies about his wife and about ALL of us as a family. I could go on....but for the sake of time, just trust me, he is a liar in every aspect...(even had a son that showed up from Argentina that he had been hiding)....Meanwhile the niece, was just here in Seattle, where I am on vacation, and she acted as though "nothing was happening"....(she enjoyed her time here...had fun....and looked very attached to the very Mother she helped evict)....being the honest and direct "uncle" that I am....I looked her in the eyes and asked her "how does it feel to evict your mom?".....she didn't have a lot to say....but I took advantage of the moment and remined her of WHO raised her and WHO was keeping them away from their drug abuser father ALL through their childhood...I remember lots of stories....my sister did everything for them....she SHOULD have divorced his butt years ago....she's naive and even stupid....but there isn't anything I'm not telling you or hiding..

LdiJ: I thank you for showing kindness. Your comment was nice to hear. I know its true....feelings and "being nice" will not get the house back...or a judgement in our favor.....but thanks!

The judgement is TEMPORARY until the minor finnishes school....Meanwhile, my sister will get another lawyer. I talked to him on the phone and he is slow....definately NOT a bright divorce lawyer....

AND, I am talking with APS.

If anyone wants more information, ask me....I'm in the "honest mood"

rmet4nzkx · Aug 6, 2006

chascomus said:
YES I posted in the other topic...And when I registered into this site I did it for my sister who wrote the first post, and then I wrote the other posts....as her brother....that confused many of you and set off a line of conversations criticizing me. I see some of you have pre-judged me and have directly "hung" me as being guilty for witholding information...or even as some have mentioned, telling lies.

Firstly, what the judge heard was the husbands "claim" that wife is "disrupting" the family, and that he and the kids would like her to leave. I personally talked to the daughter, (my niece) and she was basically BOUGHT.....It took only about ONE laptop computer, ONE Palm Cel phone, and a "shopping spree" through Nordstroms to get her on the father side. The father has been saying lies about his wife and about ALL of us as a family. I could go on....but for the sake of time, just trust me, he is a liar in every aspect...(even had a son that showed up from Argentina that he had been hiding)....Meanwhile the niece, was just here in Seattle, where I am on vacation, and she acted as though "nothing was happening"....(she enjoyed her time here...had fun....and looked very attached to the very Mother she helped evict)....being the honest and direct "uncle" that I am....I looked her in the eyes and asked her "how does it feel to evict your mom?".....she didn't have a lot to say....but I took advantage of the moment and remined her of WHO raised her and WHO was keeping them away from their drug abuser father ALL through their childhood...I remember lots of stories....my sister did everything for them....she SHOULD have divorced his butt years ago....she's naive and even stupid....but there isn't anything I'm not telling you or hiding..

LdiJ: I thank you for showing kindness...you sound like a good person. Your comment was honest sounding and was the first that had feelings in it. I know its true....feelings and "being nice" will not get the house back...or a judgement in our favor.....but thanks! It was nice to hear.

The judgement is TEMPORARY until the minor finnishes school....Meanwhile, my sister will get another lawyer. I talked to him on the phone and he is slow....definately NOT a bright divorce lawyer....

AND, I am talking with APS.

If anyone wants more information, ask me....I'm in the "honest mood"

Your third hand knowledge is no substitute for your sister accurately answering questions.
I have given you practical and knowledgeable responses that have also been kind. Ldij knows little about CA law. Now if you want to help your sister have her post here and answer our questions. Your good intent but lack of facts limits what we can do.
Tempoary orders can be changed.
We need to know if the house was paid off before it was transferred after your father's death?
Is there a family trust?
Will?
Probate?
Any type of contract or agreement?
Who's name is the mortgage in?
Is there a second?
When were these obtained?
Are they fixed or adjustible?
Is there documentation of the husband's drug problems?
Is your mother competent?
How long has she needed a caretaker?
Has your sister petitioned for an EC 730 or similar evaluation?

Ohiogal · Aug 6, 2006

chascomus said:
YES I posted in the other topic...And when I registered into this site I did it for my sister who wrote the first post, and then I wrote the other posts....as her brother....that confused many of you and set off a line of conversations criticizing me. I see some of you have pre-judged me and have directly "hung" me as being guilty for witholding information...or even as some have mentioned, telling lies.

Nobody has prejudged you but you expect us to prejudge the husband based only on what you and your sister have been saying.

Firstly, what the judge heard was the husbands "claim" that wife is "disrupting" the family, and that he and the kids would like her to leave. I personally talked to the daughter, (my niece) and she was basically BOUGHT.....It took only about ONE laptop computer, ONE Palm Cel phone, and a "shopping spree" through Nordstroms to get her on the father side.

That is your opinion and your opinion doesn't count for squat. You have NO RIGHT to be talking to the daughter about this situation unless she wants to express things to you. You need to butt out.

The father has been saying lies about his wife and about ALL of us as a family. I could go on....but for the sake of time, just trust me, he is a liar in every aspect...

Nope. There is no reason to trust you when you are interfering in this respect and have NO first hand knowledge.

(even had a son that showed up from Argentina that he had been hiding)....

Irrelevant.

Meanwhile the niece, was just here in Seattle, where I am on vacation, and she acted as though "nothing was happening"....(she enjoyed her time here...had fun....and looked very attached to the very Mother she helped evict)....being the honest and direct "uncle" that I am....I looked her in the eyes and asked her "how does it feel to evict your mom?".....she didn't have a lot to say....but I took advantage of the moment and remined her of WHO raised her and WHO was keeping them away from their drug abuser father ALL through their childhood...I remember lots of stories....my sister did everything for them....she SHOULD have divorced his butt years ago....she's naive and even stupid....but there isn't anything I'm not telling you or hiding..

So you basically proved what an ass you are and berated a child and put a child between her two parents. Lovely. You are the husband's attorneys dream. Why? Because you have tried to guilt this child into siding with mom when no one should want this child to side with anyone. You have tried to influence this child and manipulate this child. And you just admitted it in your own words.

LdiJ: I thank you for showing kindness. Your comment was nice to hear. I know its true....feelings and "being nice" will not get the house back...or a judgement in our favor.....but thanks!

The judgement is TEMPORARY until the minor finnishes school....Meanwhile, my sister will get another lawyer. I talked to him on the phone and he is slow....definately NOT a bright divorce lawyer....

AND, I am talking with APS.

If anyone wants more information, ask me....I'm in the "honest mood"

No you are not. You are in the "I will do what I want and say what I want regardless of the consequences..." Which I wonder if your sister is the same way. If so, then no wonder the judge in the temporary order threw her out of the house. And Rmet mom was not evicted and there is NO proof that dad is abusing mom. Nor is there anything mentioned about sister being the actual guardian of mom. Only that mom lived with them and sis helped care for her. That is legally different.
OP, you really need to watch what you say to this child. A good attorney will destroy your sister due to her family's actions with the niece -- such as your little reminder. As for you talking to your sister's attorney -- you are lucky he said ANYTHING to you. He is not allowed to talk to you and was probably choosing his words extremely carefully. YOur behavior is not impressive. If you and your sister spend all of this time criticizing dad and not proving a bit of it, no wonder the judge found dad and not mom (your sister) credible.

rmet4nzkx · Aug 6, 2006

Got booted again

Ohiogal said:
No you are not. You are in the "I will do what I want and say what I want regardless of the consequences..." Which I wonder if your sister is the same way. If so, then no wonder the judge in the temporary order threw her out of the house. And Rmet mom was not evicted and there is NO proof that dad is abusing mom. Nor is there anything mentioned about sister being the actual guardian of mom. Only that mom lived with them and sis helped care for her. That is legally different.
OP, you really need to watch what you say to this child. A good attorney will destroy your sister due to her family's actions with the niece -- such as your little reminder. As for you talking to your sister's attorney -- you are lucky he said ANYTHING to you. He is not allowed to talk to you and was probably choosing his words extremely carefully. YOur behavior is not impressive. If you and your sister spend all of this time criticizing dad and not proving a bit of it, no wonder the judge found dad and not mom (your sister) credible.

There is evidence in the other posts re behaviors that would led to prosecution under CA W&I codes for elder abuse which is not dependent on sister being conservator. I understand sister only was evicted, but in evicting her indirectly evicts her mother who is under her care. CA recoginizes both legal conservators and implied caregivers by code that is why I refered them to APS and for EA restraining order. Since the widowed mother was not party to the divorce, the family law comissioner or mediator could tempoarily award the husband both residential custody and occupancy of the residence even if it was in the wife's name alone if they considered it in the childs best interest to remain in the same residence, since they were not considering the elderly mother because no petitions were made on her behalf. Without more facts referal to APS and EA restraining order is the only thing that can be done as this will cover the elder's best interest, it may or not result in sister not being evicted. but it will tip the scales in her direction as long as she is a competent caregiver, and since she is a health care provider of some sort, I suspect she is. If that doesn't work, an EC 730 evaluation or other family intervention can be petitioned for before there is any eviction of a joint tenant. Having 3rd hand facts isn't helping.

chascomus · Aug 7, 2006

more info....to consider

My sister is not the "official" caretaker. My Mom gradually grew blind, (cataracts and macular degeneration)....Only recently its clear to us as a family that she needs help walking anywhere further than her room and the kitchen. So, my Mom relies on her for grocery shopping, doctor and other appointments. I am sure my sister would be granted her offical caretaker, if we need to seek that formal status.
As far as other facts that "I may be hiding or not saying"....not many....just abuot said everything. They have had their son get in and out of trouble for over 5 years now....pretty much imitating the style of life of his father. NOW, since my sister FINALLY said ENOUGH..."I'm getting a divorce"....The husband then went crazy and filed for her to get out of the house declaring that SHE was the cause of sons drug problems. Meanwhile she filed for divorce. And now, in the past 30 days +/-, the father has been making her life miserable, making noise at night, turning the light on, bringing a pitbull home, having people come over and make noise, ANYTHING to wake her up and ruin her daily life. My mom, in the room next to the living room, also can't sleep through the night.....and is sometimes afraid to come out.
What you ALL could easilly say....and I totally agree....is HOW STUPID we all were....to have let them do the quit claim of the house....and should have had legal advice....And obviously, my sister should have divorced him LONG AGO....

Wife filed for divorce and husband isn't paying the mortgage, what can she do?

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chascomus

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