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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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Can my husband just refuse to pay the mortgage? He expects

Customer Question

Can my husband just refuse to pay the mortgage? He expects for me to pay for him to live in our home for six months. I moved out of the home in November and came back because I was worried about the house and a possible foreclosure. My husband has refused to pay the mortgage and wants me to agree to his terms before he agrees to a divorce. I don't want the house and now he is trying to ruin my credit.

Submitted: 4 years ago.
Category: Legal
Expert:  CalAttorney2 replied 4 years ago.

William B. Esq. :

Dear Customer, thank you for choosing Just Answer. I am sorry to learn of this difficult situation. Regarding the dispute over payment of the mortgage, your husband has no legal obligation to pay beyond his contractual obligation to the lender. The lender has recourse through the right of foreclosure on the real property. Unfortunately, as you are married and the provision of shelter for your spouse (until you are legally separated or divorced) will not allow you any separate contractual rights. If you do intend to pursue divorce proceedings, I would recommend that you contact a family law attorney to sit down with for at least a consultation to get a better understanding of your rights and develop a specific plan as this type of information is something I cannot provide you through this forum.

Customer: replied 4 years ago.

Dear expert,


I do have an attorney and he has not filed for divorce on my behalf, I have been waiting since April 26, 2013. He has not looked out for my best interest or anything. I paid him and now, I have to seek other counsel and be out of more money. This is crazy.

Expert:  CalAttorney2 replied 4 years ago.
Dear Customer,

I am very sorry to hear this. Unfortunately this can happen when trying to retain an attorney.

If you are unable to come to a resolution with your current counsel, I would advise meeting with an attorney or two and see if you can come up with a firm plan that you are both agreeable to. Remember, it is okay to talk to your attorney before you hire them, you need to be open and honest with them about what you want, they need to tell you upfront what they can and cannot provide for you (they should never guarantee anything - there are rules against that, but they can give you scenarios that you can start planning your life around).

Best wishes,
Customer: replied 4 years ago.

I know this attorney for he has represented myself and my husband on other matters. Basically, my husband can live here and not pay a thing. If I let the house go into foreclosure and reclaim it, my husband still can stay in the home. He is trying to ruin my credit and life. There should be a law, no person should be able to ruin another persons credit.

Expert:  CalAttorney2 replied 4 years ago.
Dear Customer,

I am very sorry to learn of this situation. Unfortunately, it is very common, particularly as couples are nearing separation or actually turning to divorce. I do not have a legal resolution or general information for you that is of any assistance for this particular issue.

I would note that using a general civil lawyer for a family law issue (particularly one that has represented you in prior instances as a couple) does raise some issues that can be avoided by retaining your own personal family law or divorce attorney that has never had an attorney/client relationship with your spouse.
Expert:  CalAttorney2 replied 4 years ago.
Dear Customer, I am following up on your question. I hope that my answer was of assistance to you. My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Please remember to rate my service once you have all the information you need. Thank you for your business!