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Thomas Swartz
Thomas Swartz, Lawyer
Category: Family Law
Satisfied Customers: 3022
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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I am presently going through a divorce. The lawyer that I

Customer Question

I am presently going through a divorce. The lawyer that I have will not return my calls. My question is......My soon to be Ex has bought a new home for himself and I am for now living in our family home, the mortgage loan is in his name only, the deed is in both of our names. He refuses to pay the property taxes. He states that he is going to let the bank foreclose on the home that we once shared. Is this legal? And can he do this during our divorce process?
Submitted: 4 months ago.
Category: Family Law
Customer: replied 4 months ago.
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Expert:  Thomas Swartz replied 4 months ago.

Hello Deborah,

You can and should have your lawyer make a motion for pendente lite relief during the divorce process. This is a form of temporary support or relief that courts grant during a divorce lawsuit, which basically maintains the parties' status quo during the divorce so that things like what your husband is trying to do (letting the house go into foreclosure) do not occur. While you are still legally married, your husband does still have a legal obligation to provide support to you. So what he is doing is not really legal. When you make a motion for such relief from a court, a court can make a temporary award ordering your husband to continue to make mortgage and real estate tax payments until all the financial issues in the divorce, including any permanent support and property division. It is important that you have your lawyer do this quickly. You must continue to call, and call your lawyer, and even show up at his office to get his attention to make the motion for relief. If your lawyer does not respond, it is possible for you to make the motion yourself, or you may have to get another lawyer. But you can stop your husband from letting the house go into foreclosure during the divorce proceeding. For additional information, please read: Pendente Lite Relief or Temporary Support.

I wish you good luck in this difficult time.

Thomas

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