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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27199
Experience:  Attorney with experience in family law.
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My son recently divorced. The divorce decree stated that she

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My son recently divorced. The divorce decree stated that she would be responsible for the mortgage and any other related expenses and she would retain ownership of the home. She has since moved in with her boyfriend and moved. She is 5 months in arrears on the mortgage and home equity loan. Since my son is also on the loan for those obligations, he is liable even if she doesn't pay. I know the loaners do not honor the divorce agreement, but can she be sued by my son because she is not following it?

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Yes, she can. Your son has the option of going back to the divorce court and asking the judge to allow the property to be sold. He could ask that any amounts he has to pay to protect his credit be deducted from her share of the profits (if there is equity in the property). He could also ask the judge to give him the house instead since she's not living there.

Another option is to file a Motion to have her held in Contempt of Court for not following the divorce decree. If she can afford to pay and isn't, the fact that she's chosen to move in with her boyfriend doesn't allow her to ignore the court order. He can do that in addition to the Motion to Modify.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
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