What can we do if we want to divorce and our house is about to go into foreclosure? 3 Answers as of June 28, 2011

I was married to my husband for 11 years. Recently he went to prison and I decided it's no longer the life I wanted. I thought we could sell our home and leave on somewhat good terms. However, this has not happened. He is unable to pay the mortgage being he has no job. I've had my job for the past 3 years and was paying all the bills, however with me gone he is living in our home with no lights, gas and letting the mortgage bills pile up. I've asked if I could take over our home to catch up, however his answer is no! He would rather it go into foreclosure. I do not want to live there I would just like to divorce, sell our home, and go our own ways.. please can someone direct me with the right thing to do.

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You should retain an experienced Family Law Attorney to represent you in your divorce. If your house has equity in it, that equity should be preserved for the community. If your husband is living in the house and not paying its mortgage, your lawyer can file an Order to Show Cause (perhaps on an Order Shortening Time, due to need for speed because of the impending risk of foreclosure)for orders requiring that the house be listed and sold, and (possibly) for you to get possession and use of the house pending its sale, to ensure the house's being put into the best possible condition for sale and to facilitate its showing to prospective purchasers.
Answer Applies to: California
Replied: 6/28/2011
Koch Laron Law
Koch Laron Law | Phillip Koch
The foreclosure will not stop your divorce in the least. The divorce will (eventually) determine your assets (community or separate) and allocate debts. The foreclosure will either end up in a surplus, which will be assets to split with each other, or likely end up with no debt owed (since bank chose to foreclose). Either way, the foreclosure will not effect your ability to get divorced.
Answer Applies to: California
Replied: 6/28/2011
Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
You should immediately contact an attorney and request that the court order that the home be placed on the market for sale. A court may order that he vacate the home so that it can be put in a condition to be sold. Additionally you may be entitled to any payments that you make to improve the property. It would be better for you to act prior to receiving a foreclosure notice on your home.
Answer Applies to: California
Replied: 6/28/2011
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