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Ask Loren Your Own Question
Loren, Lawyer
Category: Family Law
Satisfied Customers: 33562
Experience:  30 plus years of experience.
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On the mortgage after the divorce. Late and missed payments

Customer Question

My name is ***** ***** the mortgage after the divorce. Late and missed payments have occurred over the past 2 years. Is there anything I can do to protect myself? Can my wages be garnished? Is my 401K at risk?
Submitted: 10 months ago.
Category: Family Law
Expert:  Stacy Adkins replied 10 months ago.

Hi Tony, thanks for your question. I'm Stacy. Regardless of what the divorce order says, until the home is refinanced, you could be on the hook for any outstanding debt. What did you final divorce order say regarding the home? Was your ex told to refinance the home with a certain period and failed to do so?

Customer: replied 10 months ago.
No she was not ordered to refinance
Expert:  Stacy Adkins replied 10 months ago.

That's unusual. Typically if a home is awarded to one party in equitable distribution, she would have been required to buy you out and 99% of the time, the judge will order a refinancing to absolve the party not living in the home of the debt. At this point, since the order is silent on the issue, you don't have a lot of options. You can't go back to the judge over this issue since it wasn't included in the original order.

Expert:  Stacy Adkins replied 10 months ago.

I'm not available for a live call. If you still need one, I can opt out and allow another expert to take over.

Expert:  Loren replied 10 months ago.

Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.

What does the decree say about the ownership of the home? Is your spouse entitled to a period of possession and then it is to be sold and proceeds split?