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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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My husband chose to leave and says that he is not obligated

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My husband chose to leave and says that he is not obligated to pay half the mortgage because he does not live here.Is this true? He signed on the line just like I did.I work only 24hrs a week.Can he just walk away free and clear or can I take him to court for half the mortgage?
-Could you explain your situation a little more?
Have you filed for divorce?
Customer: replied 4 years ago.
No I have not filed for divorce.He chose to leave me for someone else.The mortgage is $534.18 a month and I asked for $250.I work 24 hrs a wk, that is 4-6hr days which he is aware of.He just feel if he walks away he is not obligated.What can I do?I along with help from our son pay for upkeep on the house.
Dear JACUSTOMER - Yes his obligated but you have no way to force him to pay and if the mortgage is not paid then the lender will foreclose. So your only option is to file for divorce and have the court order him to pay spousal support in the amount of the mortgage or to be responsible for the mortgage. If the bank forecloses they can sue him for the deficiency but you cannot sue your husband other than for divorce. He would also be liable for child support. Just because he doesn't live there does not take his name off of the mortgage but the loan is owed to the bank, not you so you have no way to force him to pay anything until you get a court order from the family law court.
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