Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

I am not sure this is strictly a family law question but it

has to do with a...
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 ???
Show More
Show Less
Ask Your Own Family Law Question
Answered in 8 minutes by:
10/8/2013
Jack R.
Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6,147
Experience: OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
Verified

Thank you for choosing Just Answer. My name is XXXXX XXXXX I will assist you.

 

I need a little more information ?

 

Was the agreement in the divorce settlement ?

 

What are the exact words in the agreement ?

Ask Your Own Family Law Question
Customer reply replied 4 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 reply replied 4 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

Jack R.
Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6,147
Experience: OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
Verified
Jack R. and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 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

Ask Your Own Family Law Question
Customer reply replied 4 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
Jack R.
Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6,147
Experience: OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
Verified
Jack R. and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask Jack R. Your Own Question
Jack R.
Jack R.
Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6,147
6,147 Satisfied Customers
Experience: OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law

Jack R. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
Since we are divorcing how can I get alimony or spousal
since we are divorcing how can I get alimony or spousal support? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
Since we are divorcing how can I get alimony or spousal
since we are divorcing how can I get alimony or spousal support? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
Getting a divorce in PA wife is asking for alimony we were
Getting a divorce in PA wife is asking for alimony we were married 7 years how much and how long is she entitled to alimony … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,969 satisfied customers
We spoke yesterday regarding Family Law Custody and Divorce
Hello Chris. We spoke yesterday regarding Family Law Custody and Divorce issues in Florida. I have another question in that regard. Is this the place where I ask you that question?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
Its family Law, a divorce one child who is 16 yrs old.
Its family Law, a divorce one child who is 16 yrs old … read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
My property settlement agreement in my divorce says alimony
My property settlement agreement in my divorce says alimony is irrevocable pursuant to Lepis vs Lepis. Can my ex change the agreement or not? … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,303 satisfied customers
This is a family law question. My wife has filed for divorce
This is a family law question. My wife has filed for divorce and we have been married for more than 20 years. However, for the last 7 years, she has forced me to live in the basement and alienated my … read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
Family Law/Divorce/Separation: I live in Pennsylvania. My
Family Law/Divorce/Separation: I live in Pennsylvania. My wife of 28 years has moved out complete about 3 1/2 months ago. She has moved out on about 3 other occasions stating various reasons such as I… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,969 satisfied customers
Our question is family law how do we address mothers
Our question is family law how do we address mothers hindering the medical and independent needs of son in wheel chair. failing to meet the recommendations of school and doctors . by doing everything … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,398 satisfied customers
I need a good family law lawyer for a divorce/custody case.
I need a good family law lawyer for a divorce/custody case. What is a typical retainer and typical cost overall? Are there any lawyers that will allow payments over time? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Family Law Questions regarding divorce/name change/adoption,
Family Law Questions regarding divorce/name change/adoption … read more
socrateaser
socrateaser
1,031 satisfied customers
I have question re: Family Law/Divorce and a QDRO around
I have question re: Family Law/Divorce and a QDRO around Pension to ex-spouse? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
In california divorced 5 years, term marriage my alimony is
In california divorced 5 years, long term marriage my alimony is higher than child support … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
Divorce, and wife asking for $850 in alimony in settlement
Divorce, and wife asking for $850 in alimony in settlement draft. She is working, in great mind and physical health. She makes 42k while I make 67k as a teacher. This is on top of $820 for child suppo… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
Family law attorney with international divorce expertise(
Second opinion] This question is for a family law attorney with international divorce expertise( not an immigration attorney)I married my wife in a South American country 15 years ago and sponsored he… read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
In Arizona with regard to a family law case (Divorce) if
In Arizona with regard to a family law case (Divorce) if there is a property award that should not have occurred because the property is seperate non communal (Gift) and I have filed a notice of appea… read more
socrateaser
socrateaser
1,031 satisfied customers
I will be divorced next week on the 20th with a alimony
I will be divorced next week on the 20th with a alimony agreement incorporated into the divorce decree. My spouse and I agreed of the terms of the agreement. It is to paid indefinitely because I am di… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
Not sure this is family law, but... Our mother is in the
Not sure this is family law, but... Our mother is in the hospital and is not able to care for herself, speak, etc. and the doctor has given us a document stating this so that we can file to be her con… read more
Lawyer Lori
Lawyer Lori
Attorney
JD - Attorney
187 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x