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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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I am currently going through a divorce. since my wife makes

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I am currently going through a divorce. since my wife makes 4x as much as I do, she made a written & notarized agreement to stay in the marital residence and keep current the payments until the house sells. She has now threatened to abandon the house and let it foreclose. What are my rights? Can I take her to court and make her pay the loan? Does she relinquish any property rights (IE. proceeds from sale, etc) if she abandons? Can I rent the house to help cover the payments, etc.

Samuel-II :

Hi

Samuel-II :

If she has agreed to the payments in exchange for remaining in the home, then that should become part of your divorce agreement. If it is not part of the agreement, then if she decides not to pay, you can request an emergency hearing to have the court grant you temporary use and possession in lieu of foreclosure on the property. Then you can rent it out.

Samuel-II :

If you have further questions, you may post them here and i will continue to assist. Otherwise, even if you have a subscription with JA please remember to ACCEPT my answer as that is the only way I can get credit for my time and information in this matter. Thank you and Good luck

Customer:

It is written in our separation and property settlement agreement that she will reside in the house and make payments until the house sells. This is a signed and notarized document. What recourse do I have if she abandons the house? If she abandons, do I file an emergency hearing?

Samuel-II :

You may file for the emergency hearing, if the payments are not being made. You may request use and possession because she has abandoned the home and payments are going in arrears

Customer:

Does she lose property rights as a result of abandonment? ie. Rights to title or proceeds from sale?

Samuel-II :

No. She would not lose her rights to her share of the property. Whoever is paying the mortgage will be able to request more. But all rights are not lost

Customer:

Ok. Would I be able to rent the house out once she moves out and stops making payments?

Samuel-II :

If you are granted use and possession, then you can rent the home so the payments can be made. Of course renting may hinder a sale.

Customer:

Can the court order her to pay the mortgage per the written agreement?

Samuel-II :

Yes. If that is what you want. The Agreement is certainly binding.

Customer:

Any other advice you can give in this situation?

Samuel-II :

I can only answer what you ask.

Samuel-II :

If you have further questions, you may post them here and i will continue to assist. Otherwise, even if you have a subscription with JA please remember to ACCEPT my answer as that is the only way I can get credit for my time and information in this matter. Thank you and Good luck

Customer:

Part of the agreement states that I will refinance a separate property to get her name off of the loan. What legal ramifications do I face if the bank wont refinance me because I am on the loan for the marital residence?

Samuel-II :

None, if you can show that you have made a good faith effort and are still working on getting that done.

Customer:

Ok. Thanks a ton!

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