What are my options if my husband decides to default on the mortgage during divorce? 21 Answers as of October 28, 2011

If your husband defaults it could cause quite a mess. For example, the court could order him to compensate you in other ways, but if he's defaulting on a mortgage then he may not have the means to compensate you. He may be subject to court sanctions if he is ordered to pay the mortgage and defies the court order.

Talk to your attorney or move in & pay yourself.

File a motion to enforce the order and ask for attorney fees.

If it is per an order of the court that your husband is required to pay the mortgage payment, and if he defaults on these payments, you have grounds to bring a complaint for contempt, requesting that the court hold him in contempt for his failure to make these payments. If you have not already done so, you may want to notify your mortgage company that your husband has been ordered to make these payments, and if necessary, provide them with a copy of the order. That way, the company is aware that he is to be making these payments. Given your situation and the problems that you may face given his nonpayment of these mortgage payments, you may want to consult with an attorney to see what options you have to force payment on his part and to continue to retain your property.

Your decree should specify your remedy. Generally speaking it should state that you can take over the house, cure the deficiency with the bank and keep the house at that point.

You can request that the court order include a penalty (such as lump sum payment to you) in the event he defaults and/or an indemnity for you on the mortgage. Additionally, if the bank recoups money from you because of the default, or if you pay any portion of the mortgage, you can pursue a judgment against him for return of the funds.

You can file a Motion for Contempt and take him before the Judge for his failure to abide by the Temporary Order.

Make the payments yourself and try to make up the payments you make out the property settlement, if you have any property of significant value.

You need a good divorce lawyer to help you with this. I can help you with this. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.

Your options include you paying the mortgage and seeking reimbursement or offset against your husband through the Court, seeking exclusive possession of the home, or allowing the home to be foreclosed upon and seeking a remedy against your husband through the Court for his breach of fiduciary duty to preserve community assets.