Cannot Afford Mortgage/Divorce Not Final/Moving Out

[julbox3134]

What is the name of your state (only U.S. law)? Indiana

I stayed in the marital home when my soon to be ex left last year. We were supposed to be signing an agreement by now, but it looks like that is not going to happen any time soon. I can no longer afford the mortgage or the expenses of keeping up the house. I explained this to my soon to be ex and she informed me that I could not move out of the home. I wasn't "allowed" to just stop making the mortgage payments and turn the utilities off. She won't agree to let me put the house on the market until divorce is final. Her name is on the loan as well. I have run out of money and would be better off to move into an apartment at this time. It may not be the best solution, but are there ramifications if I move out? She cannot afford the expense either so her moving in is not an option. I just don't see how she can force me to stay.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Indiana

I stayed in the marital home when my soon to be ex left last year. We were supposed to be signing an agreement by now, but it looks like that is not going to happen any time soon. I can no longer afford the mortgage or the expenses of keeping up the house. I explained this to my soon to be ex and she informed me that I could not move out of the home. I wasn't "allowed" to just stop making the mortgage payments and turn the utilities off. She won't agree to let me put the house on the market until divorce is final. Her name is on the loan as well. I have run out of money and would be better off to move into an apartment at this time. It may not be the best solution, but are there ramifications if I move out? She cannot afford the expense either so her moving in is not an option. I just don't see how she can force me to stay.

File with the court for temporary orders (divorce has been filed, correct?) and request that the house be put on the market immediately. The ramifications are that your credit goes into the toilet.

 

[single317dad]

What is the name of your state (only U.S. law)? Indiana

I stayed in the marital home when my soon to be ex left last year. We were supposed to be signing an agreement by now, but it looks like that is not going to happen any time soon. I can no longer afford the mortgage or the expenses of keeping up the house. I explained this to my soon to be ex and she informed me that I could not move out of the home. I wasn't "allowed" to just stop making the mortgage payments and turn the utilities off. She won't agree to let me put the house on the market until divorce is final. Her name is on the loan as well. I have run out of money and would be better off to move into an apartment at this time. It may not be the best solution, but are there ramifications if I move out? She cannot afford the expense either so her moving in is not an option. I just don't see how she can force me to stay.

She cannot force you to stay. You can move out at any time (assuming there isn't the complicating factor of moving the children out as well). When/if you move out and let the bank foreclose on the house, you'll each be held responsible for failure to pay the mortgage. Be warned, there may be a judgment and garnishment for the portion of the mortgage the bank couldn't recoup via sale of the house (and fees; don't forget the fees), which would make paying rent more difficult.

 

[LdiJ]

She cannot force you to stay. You can move out at any time (assuming there isn't the complicating factor of moving the children out as well). When/if you move out and let the bank foreclose on the house, you'll each be held responsible for failure to pay the mortgage. Be warned, there may be a judgment and garnishment for the portion of the mortgage the bank couldn't recoup via sale of the house (and fees; don't forget the fees), which would make paying rent more difficult.

Also, if you let the home go into foreclosure by moving out and abandoning the home, then that can go very badly against you in the divorce. Push the issue in court to get the house on the market ASAP. Your wife IS being unreasonable about that since she doesn't want the home herself, therefore a judge would rule in your favor.

 

[stealth2]

What is the status of the $$$ your brother owes you?

 

[Ohiogal]

She cannot force you to stay. You can move out at any time (assuming there isn't the complicating factor of moving the children out as well). When/if you move out and let the bank foreclose on the house, you'll each be held responsible for failure to pay the mortgage. Be warned, there may be a judgment and garnishment for the portion of the mortgage the bank couldn't recoup via sale of the house (and fees; don't forget the fees), which would make paying rent more difficult.

Are there court orders REQUIRING him to pay on the house?

 

[julbox3134]

Bankrupt

What is the status of the $$$ your brother owes you?

He went out of business and is currently trying to file chapter 13 in federal bankruptcy where he is over a million in debt so they may force him to file a chapter 7. He also ommitted property he owns at the meeting of creditors and lied to the trustee. Not sure what the ramifications are for that. Basically, guess I'm getting nothing back.

 

[julbox3134]

Court Order

Are there court orders REQUIRING him to pay on the house?

No, there is no court order in place at all.

 

[Bali Hai]

He went out of business and is currently trying to file chapter 13 in federal bankruptcy where he is over a million in debt so they may force him to file a chapter 7. He also ommitted property he owns at the meeting of creditors and lied to the trustee. Not sure what the ramifications are for that. Basically, guess I'm getting nothing back.

Sounds like you're out of luck.

 

[Ohiogal]

No, there is no court order in place at all.

Has the divorce been FILED?

 

[julbox3134]

Filing

Has the divorce been FILED?

yes, we filed in October 2013. She has filed for two continuances and now is demanding mediation.

 

[julbox3134]

Consequences

Also, if you let the home go into foreclosure by moving out and abandoning the home, then that can go very badly against you in the divorce. Push the issue in court to get the house on the market ASAP. Your wife IS being unreasonable about that since she doesn't want the home herself, therefore a judge would rule in your favor.

What exactly do you mean by could go badly? What could the consequences be?

 

[Ohiogal]

What exactly do you mean by could go badly? What could the consequences be?

Get out your divorce paperwork. Was a mutual restraining order filed? Is there a required mutual restraining order in the law? Since divorce is filed, you could find yourself facing DISSIPATION of assets if you allow the home to go into foreclosure or move without the court's permission. FILE for temporary orders REQUESTING that the home be put up for sale IMMEDIATELY and that both of you be responsible for a portion of the mortgage. Do not move out of the house without permission from the court. If you do, you can find yourself owing your ex money for your actions.