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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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Hello, I have the following situation Divorced and spousal

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Hello, I have the following situation:

Divorced and spousal support ordered and garnished. Still co-own house with exspouse and it has been ordered that it should be put up for sale, however I am still liable according to the judgement to pay for mortgage, real estate taxes and utilities. So far my ex-spouse has refused to accept offers on the house and has generally been very reluctant to put it back on the market after it was taken off becuase it had been sitting for too long. She is basically getting all of the equity in the house.

I owe a bank a substantial amount of money + credit card debt because I ended up paying for both attorneys. Have now used up all available funding and can't meet all payments any longer based on my salary alone.

Out of two eveils I have to choose one:
a: Fail on the mortgage payments for the co-owned house which I have been ordered by the court to pay or -
b: Fail on the payments for the bank loans and credit cards. I've already negotiated payment arrangements with the bank on the loans but I still can't keep up.

Which one is the lesser evil?

My attorney has advised against failing on the mortgage payments but then I am most likely facing bankruptcy as far as the the unsecured bank loans and credit card debts are concerned.

Appreciate any feedback you can provide.
- Mike
Mike,

Thank you for your question. I am truly sorry to hear that you are in this bind. May I ask why your attorney advised against failing on the mortgage payments?
Customer: replied 5 years ago.

Dimitry,

 

This is msg I sent my atty:

"I need to make you aware that I have reached the end of the line as far being able to support the mortgage payments for the La Jolla house and have notified opposing party to that effect. The last reserves from the MetLife whole life insurance payout will be used for the March mortgage payment and then it is over."

 

This is the response I got:

"You are required by the current order to maintain the mortgage so I suggest you do everything in your power to meet this obligation. She can not only file a motion to enforce the judgment, she can also request sanctions. Regarding the QDROs, I received a phone call from Ms. Horn today. She is threatening to appear in court if the QDROs are not entered soon. This is most likely an empty threat but I wanted to make you aware."

 

 

 

Thank you for your follow-up.

Ugh, that sounds like this has remained a fractious and a contentious issue between you and your ex. Have you possibly discussed the option with your attorney on selling the home at a partition sale?
Customer: replied 5 years ago.
Nope, not sure what a partion sale is.
Let me explain it and see if your attorney thinks that it may be a decent alternative.

A "partition sale" is a judicial sale of the property when one of the owners is failing to sell or to otherwise sign off on the transfer. It is essentially a forced sale at auction, governed by the courts. The up-side is that you can finally get out from the property, sell it, and split the proceeds and profits if any between the ex and yourself. The downside is that you are still selling it at auction--you are not getting market rate but whatever bidders come to the auction that day. Still, it may be a means for you to cancel out the obligation. Such a sale does take a bit of time to be set-up so you would have to maintain your payments, but otherwise you may simply consider filing bankruptcy on all your debts, including the property, citing insolvency.

Hope that helps.
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