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My sister has been going through a divorce for about three

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years now. She is still...
My sister has been going through a divorce for about three years now. She is still in the primary residence with the children and her husband as been ordered to pay the mortgage. January last year he stopped making the payments to try and force her out. Now he's wanting to do a modification loan on the home and start making payments again. She finished nursing school in June and has recently started working last month. He's wanting her to contribute 600.00 a month towards the mortgage that is 4200 a month when he just recently found out she's working. He is suppose to have been giving her 3200 a month for temporary support but has cut that down to about 900 a month. The question is. If he has been ordered by the court to make the mortgage payments. And for the first two and a half years of the divorce she was going to school full time. Because he would not give her any part of the business they own. Is she finacially responsible for the mortgage payments when her only source of income has been what he was giving her.
Submitted: 4 years ago.Category: Family Law
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1/1/2013
Family Lawyer: Richard, Attorney replied 4 years ago
Richard
Richard, Attorney
Category: Family Law
Satisfied Customers: 55,796
Experience: Attorney with 29 years of experience.
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Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.


Good afternoon. There are two contractual relationships here. First, there is the contract with the two of you and the bank, and then there is the one between the your sister and her husband. In such situations, with regard to the contractual relationship with the bank, both parties are both joint and severally liable...meaning the bank can pursue either or both parties for the full amount they are owed until they get paid in full. But, with regard to the contractual relationship between the two parties, your sister's husband is responsible for the entire mortgage. The fact that she is working is not relevant because the contractual arrangement was based upon a division of assets and responsibilities. In exchange for him being responsible for the mortgage, he kept the business. He cannot now unilaterally change that situation simply because she may have some income. If he doesn't pay the entire mortgage and for past payments he failed to make, she should file suit against him. Once the suit is filed and a judgment awarded, she becomes a judgment creditor, and if the losing party doesn’t then pay the judgment, you can have the sheriff serve a summons on the losing party for a debtor examination. That forces the losing party to meet the judgment creditor in court and answer questions under oath about the losing party's assets. After that information is obtained, the judgment creditor has the power to garnish wages, attach bank accounts, and/or have the sheriff seize other property to satisfy the judgment.




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Richard
Richard, Attorney
Category: Family Law
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