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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 19141
Experience:  B.A.; M.B.A.; J.D.
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I filed an Absolute Divorce. I did not include my mortgage.

Customer Question

I filed an Absolute Divorce. I did not include my mortgage. Can I modify my divorce to include this since he hasn't paid it in 4.5 years and its ruining my credit?
Submitted: 2 years ago.
Category: Family Law
Expert:  Phillips Esq. replied 2 years ago.
Hello: This isCustomer I am a licensed Attorney and I will be assisting you today.
Could you explain a little more?
What did you mean by you did not include your mortgage? On the document for marital debts?
Is your divorce now final?
Customer: replied 2 years ago.
Good Morning. It was a hassle and expensive so I just got a no fault divorce. The house was not included in this at all. He only verbally said he would pay. The divorce is final and he has made one payment in 4.5 years. The house is in foreclosure.
Customer: replied 2 years ago.
He refused to work with the bank and when they put it up for foreclosure he got a lawyer to hold it off. It's been like this for 2 years and is ruining my credit.
Expert:  Phillips Esq. replied 2 years ago.
Thank you for the information.
If the Court did not bifurcate your divorce, that is, if the Court did not hold off property division and allocation of debts from making decision on the dissolution of the marriage, then you cannot more than four years later after the divorce try to open up your divorce to litigate marital debts. However, if the Court put off making decision on property division and debts, then you can file Motion to get the Court to make decision on the marital debts now.
Customer: replied 2 years ago.
Is there another route?
Expert:  Phillips Esq. replied 2 years ago.
You may file a civil case against him to force to pay his share of the mortgage. However, this is a very long shot since this issue should have been addressed in your divorce , and he no longer lives on the property.

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