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My husband has given me several reasons to to be suspicious

of how he is handling...
my husband has given me several reasons to to be suspicious of how he is handling our mortgage payment. The house is in his name but we both make equal financial payments to our monthly expenses including mortgage payment. I am suspecting that he pays less mortgage than we budget for each month. I have asked him to show me records of the payment since we bought the house 4 years ago, he doesn't want to do it. What should or could I do. Can I subpoena him even though I am still married to him? I feel cheated
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: MN
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: he does things withought informing me like filing for auto claims, appraising the house etc. Can I stop paying my portion of the mortgage or should I continue giving him the money.
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Answered in 2 hours by:
9/22/2017
Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7,430
Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
Verified

As long as the house is in his name, which I presume means that your name is ***** ***** on the mortgage, you will never be able to obtain information directly from the mortgage company, without his written authorization. Withholding or reducing your contribution to the mortgage payment will certainly force the issue, especially if he is relying on your contribution in order to make the payment. You are the only one who can make that decision. There is a way to figure the mortgage payment by using the information on the recorded mortgage, and then figuring the escrow amount for the taxes and insurance. That will get you fairly close to the actual monthly mortgage payment.

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Customer reply replied 2 months ago
Thanks very much irvine, how long can withhold the payment and will there be any legal implication down the road especially if i am filing for a divorce in the future. will my decision not to pay mortgage affect later? we have 3 kids together, i buy groceries, pay for kids activities and other feeding expenses. thanks

If you are not signed on the mortgage loan itself, then you have no legal obligation to pay any part of the mortgage payment. You can withhold your contribution to expenses for as long as you feel you are being taken advantage of. But remember, you and the kids will always need a place to live. If your husband can't, or doesn't make the mortgage payment, you will lose the home in foreclosure. If you can get your husband to go to a marriage counselor that might be a step in the right direction.

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Customer reply replied 2 months ago
Thanks so much, however can i hire an attorney and supoena mortgage records if i am suing him for financial abuse?

Yes. His personal checking accounts are subject to discovery. He can be forced to turn over the mortgage records. The records can also be subpoenaed from the lender, but that is the slowest and most expensive way to go about getting them. Let me know if you want to speak by phone later today. There would be an additional charge of $59.00.

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Customer reply replied 2 months ago
Thanks so much!

Hello again. I presume that you do not want a phone call at this time. I hope that I have provided excellent service and, if so, I would appreciate a 5 star rating. If not, please let me know how I can further assist you. There is no additional charge to you for rating me. A bonus is not required, but is always appreciated. Thanks again for using JUST ANSWER.

Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7,430
Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
Verified
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Irwin Law
Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7,430
7,430 Satisfied Customers
Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.

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