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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My husband and I are separated. He was able to get the marital

Customer Question

My husband and I are separated. He was able to get the marital property saying his minor child lived with him ,though not true. He told the court I could live in a one room garage apt, of a house promised to me in our pre-nup, until tenants moved out of the house. He claimed the tenants rent did not cover the mortgage and I was to pay the difference. I discovered he withheld from the court that there were several tenants (members of his girlfriends family!) & they accidentally volunteered, that between them the mortgage was covered.The tenants moved out 4 months later. Within two weeks a notice came that the house was being foreclosed on. He had stopped paying the mortgage 2 months prior to the court date, I believe deliberately in order to liquidate his assets. he has repeatedly stated he will lose everything before giving me anything. A sheriff sale is scheduled in 5 months. I have no where to go. Can a court force him to rectify this? Modify the loan? File bankruptcy? Can a sheriff sale be stopped? I live on SSD so my income is limited. I looked at a Pennsylvania program that has emergency funding,on my income I could easily afford the estimated mortgage, but I am not on mortgage of house. it was purchased before we married. I am desperate. I have an attorney thru domestic violence who agreed to work on my spousal support, anything beyond that is just too costly. I am desperate.
Submitted: 5 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your question. I am a Pennsylvania licensed expert who will do his best to assist you.

First of all if the home is not on your name, the only way to get your name on title is via a formal transfer that the mortgage company would have to consent to (not to mention your husband, which doesn't seem likely). Otherwise as a party who is not an owner to the home, you have no natural right to the property beyond being a tenant unless your husband grants those rights to you. You also cannot directly force him to pay support, but what you can do is file in court for a contempt of court petition under which you can claim that your ex is intentionally ignoring his responsibilities promised via court hearings, and is refusing to uphold his end of the bargain. Additionally you should consider filing for "alimony pendente lite", which is spousal support provided to you while a divorce is taking place. You can, in essence, force him to pay you so you can send in the mortgage yourself.

Good luck.

Edited by Dimitry Alexander Kaplun on 11/1/2010 at 9:06 AM EST
Customer: replied 5 years ago.
I'm sorry, but your response has left me wanting. I may not have been clear,but my primary concern is the foreclosure.
My husband took me to court to get the property I was living in. This happened in December and I was given 6 weeks to get out. He won that by stating his minor child lived with him. When in essence she did not and had not for a year.

He told the judge I could move into another property that is awarded to me in our pre- nuptial agreement. There were tenants living there. They moved out of the house in early April. My husband stopped paying the mortgage in October prior to the December court date. So he knew in April, when I moved in, the house was being foreclosed on.
My question is, that you may have answered and I missed,is can a judge compel him to take care of this issue, and stop a sheriff sale of the property? particularly since he deliberately allowed this occur. He told the judge he was paying the mortgage with the money from the tenants and he wasn't. He knew I would never be able to catch up 6 months unpaid mortgage.He lied to the judge! The property was already in foreclosure when i moved in and he had stripped the property also evidence that he knew what was coming. He conned the court it would seem to me, as well as the attorneys that he hired, as it has come out that they were aware of this matter.

I already filed and was awarded spousal support last April. My husband immediately contested it. We finally got to a master in August just past. To my surprise the master tripled the award, based on his earning potential, as he was not a credible witness and the documents his attorneys submitted were also considered less than credible. I have yet to receive a full payment however. He sends $40 dollars whenever the court threatens to take his drivers license. And has been allowed to get away with this. I guess I am having difficulty believing there are no legal repercussions and that I have no real recourse.

Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your follow-up.

My apologies if I was not clear. As a simple tenant who has no ownership stake in the property you cannot stop foreclosure from taking place. The best that you can do is go to court and request that the courts compel your husband to make payments as per his agreement to you for the property. Unfortunately the legal repercussions do exist but they take a long time to be processed--you will have to pursue him via the courts and try to get a more sympathetic judge to listen to this situation.

Good luck.

Edited by Dimitry Alexander Kaplun on 11/1/2010 at 4:53 PM EST

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