What could I do if my husband will not pay the mortgage in our divorce? 14 Answers as of July 27, 2015

My husband filed for divorce in August. He has left me with our mortgage payments and he has taken off. I had a better credit score and I am the one on the mortgage. Does this mean that he should have to pay at least half? He earns more than I do.

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Law Office of Martin A. Kahan | Martin A. Kahan
You need to be represented by an attorney. Divorces are complex and require expert legal advice.
Answer Applies to: California
Replied: 7/27/2015
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
If your husband earns more money than you do, you should immediately file and serve a request for support.
Answer Applies to: California
Replied: 7/27/2015
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
Since you are living in the house, you have to likely pay the mortgage. If this poses too great a financial burden, you can file a motion for temporary orders and ask the court to order him to pay a portion of it. However, since he filed almost a year ago, it seems you've been able to pay and this is a little late. You may be able to get more than half of the value of the house in the final settlement/trial.
Answer Applies to: Washington
Replied: 7/27/2015
Law Office of Barton R. Resnicoff | Barton R. Resnicoff
You can request interim relief from the judge while the action is pending; or, you can seek to have an adjustment made for you maintaining the property as part of the end result. Are there children involved? If so, there should be a request for child support. To go further than that, I would need more information, which I would obtain by conducting a consultation; and, in reality, if you are currently represented, you should be asking your attorney what can be done; if not represented, you should consult with an attorney to make sure your rights are being protected.
Answer Applies to: New York
Replied: 7/27/2015
Mediation Services of Southwest Florida
Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
My suggestion is that you go to Court and request an Emergency Order that will force your husband to pay the mortgage until the divorce has been finalized or a settlement reached. Do not wait! I would also suggest that, since this is a very important matter, you hire an attorney to rush it through correctly. Good luck.
Answer Applies to: Florida
Replied: 7/27/2015
    Provda Law Firm
    Provda Law Firm | Bruce Provda
    Talk to your attorney about getting temporary orders that he pay a share of the mortgage in the purse of the divorce.
    Answer Applies to: New York
    Replied: 7/27/2015
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    It depends on what the agreement or the final order says.
    Answer Applies to: Georgia
    Replied: 7/27/2015
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    That should be taken care of in the divorce judgment.. call your divorce attorney.
    Answer Applies to: Michigan
    Replied: 7/27/2015
    GordenLaw, LLC
    GordenLaw, LLC | Vanessa J. Gorden
    You should talk with an attorney about whether your case warrants alimony or temporary spousal support and how you can file for temporary orders while the divorce is being worked out. If you cannot afford the home on your own, you will need to consider whether it should be sold. Your attorney can assist you. Best wishes.
    Answer Applies to: Nebraska
    Replied: 7/27/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    First things first. Retain an experienced family law attorney. This is almost always worth the investment. Your lawyer will likely file a Motion for a Temporary Order, or else an Order to Show Cause, which has much the effect. At the hearing on this motion, the Court will set rules to govern matters during the pendency of the divorce, such as who pays which debts, child support, custody and placement, temporary maintenance, insurance, and any other matter which needs determination on a temporary basis. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 7/27/2015
    John Russo | John Russo
    You really should have an attorney, a divorce attorney. You need to get into court on a motion for temporary allowances, which simply means how the the marital bills will be divided, and if warranted how child and/or possible spousal support will be paid during the divorce proceedings.
    Answer Applies to: Rhode Island
    Replied: 7/27/2015
    Diane l. Berger | Diane L. Berger
    Without having more information, generally the mortgage goes with the house in other words, whoever is awarded the house is responsible for the mortgage.
    Answer Applies to: Nebraska
    Replied: 7/27/2015
    Law Offices of Robert Burns
    Law Offices of Robert Burns | Robert Burns
    Sue him for divorce, spousal support, and handling of debts. Hire an attorney.
    Answer Applies to: California
    Replied: 7/27/2015
    Law Offices of Gerard A Fierro
    Law Offices of Gerard A Fierro | Gerard A Fierro
    You would need to seek a court order for spousal support if your husband is the higher earner, or an order for him to pay the mortgage.
    Answer Applies to: California
    Replied: 7/27/2015
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