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Jack R.
Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6147
Experience:  OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
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I am not sure this is strictly a family law question but it

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I am not sure this is strictly a family law question but it has to do with a divorce settlement that my husband has with his ex. They owned a number of real estate properties which were split up between them and quit claimed to whomever took that property.
The former family home was quit claimed to his ex wife. She also receives monthly alimony.
They agreed that my husband could deduct the monthly mortgage payment from her
monthly check. The loan is in his name only. She is an irresponsible alcoholic and when he let her make the payments in the past, she would not do so and it began to damage his
credit. My concern is that should she drink herself to death before the mortgage is paid off that his children would inherit the home but he would be stuck with the payment even when his alimony obligations end ( in the event of her death).In other words, he could not sell the home to get the loan paid off because he no longer owns it. His older daughter lives with his ex and is seemingly following in her mother's footsteps and will probably not
go back to work or help pay for anything. So if she dies, he not only is stuck with the
mortgage payment, he cannot evict an adult child who would expect to live there rent free.
What options does he have to protect himself? Should he require she sell the family home within a certain amount of time or ???

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I need a little more information ?

 

Was the agreement in the divorce settlement ?

 

What are the exact words in the agreement ?

Customer: replied 3 years ago.

I don't have the exact words but it says more or less that he can make the mortgage payment as part of alimony until she sells the home. I just don't believe she will do that (sell)for various reasons.

Customer: replied 3 years ago.


Here is a little more info for you, found a copy of the stipulation for judgment. It says that husband may deduct house payment from wife's alimony until she closes escrow on the house. (family home that she was awarded) It is silent on the issue as to what happens if she dies before home is sold.

Thank you. Your settlement agreement should state that alimony ceases upon the death of either party. If alimony ceases for any reason per the stipulation you are no longer obligated to make the mortgage payment. Please accept my response with a rating of 3 or better so I can get credit for my response. If you have follow up questions please ask

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Customer: replied 3 years ago.


I understand that we are not obligated to make the alimony payment when she dies, but the loan is still an outstanding obligation in his name. Does that mean her estate is responsible for the debt at that time?

That is correct the estate is responsible for the debt and will typically put the home up for sale. Your obligation on making payments ceases when alimony ceases.

Please accept my response with a rating of 3 or better so I can get credit for my response. If you have follow up questions please ask

Customer: replied 3 years ago.


What would my husband tell the bank if this happens so they don't ding his credit if he ceases making payments? If the house goes through probate,it would take months to sell and there could be alot of unpaid payments piling up. Is there a legal document he can show bank to get him off the hook?

Your husband is on the hook for the mortgage by virtue of the loan agreement. He can demand that the executor of the estate continue making payments on the home, and or collect rent from the daughter occupying the home to make the mortgage payments.

The bank was not part of the divorce and will not relieve your husband of liability for the mortgage. Your husband should have required that his ex sell or refinance the home within a definite period of time after the divorce.

Please accept my response with a rating of 3 or better so I can get credit for my response. If you have follow up questions please ask
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