While My Divorce Is In Litigation, Is There A Way For Me To Stay In My Home And Have My Ex Pay The Mortgage?

 By: L. Steven Sanders
How does it work when you are the owner of the house? If the house is in your name only, your ex is not required to pay anything and is not responsible for the house. In the event of financial difficulty, the court may order the non owner to help make the payments until the divorce is finalized. What if they own the house? Typically, if they are the homeowner, then they are required to make the payments. Because of this, they can also evict you at any time. In certain cases the court may assign you temporary living privileges. Ordinarily this is when children are associated and need a place to live. In this situation you may be living there and your ex would be making the payments. Regardless this would only be short-term and at some point you would have to move out or the house would be sold according to what the court rules.

When the divorce is completed, the court papers will declare who will own the house or if it must be sold. Assuming that you will be gaining full interest of the property and buying out your ex, you will be entirely responsible for making the payment. One additional complex issue is how the title transfer is handled. A quit claim deed will often show transfer of interest but does not remove someone's name from the loan. This has to be done by refinancing. Technically if the property hasn't been refinanced, the other party remains responsible to pay the mortgage and if payments are made late or not made at all, it will impact their credit. If this is the case, they may make the payments anyway, so their credit is not ruined.

As long as there are no particular circumstances, plan on these outcomes. In cases where the house is owned by both of you, you are both legally responsible for the payment until the divorce is completed. When you own the home, you are legally responsible for the payment, and if your ex owns the house, they are responsible. For more information on Atlanta family law, consult Atlanta family attorneys that work with these cases frequently. They have the knowledge to tell you what legal rights you have and if there is a legal means to have your ex provide the mortgage payments during litigation.
loading...
Artice Source: http://www.articlesphere.com

Related Articles in Legal


People interested in the above article are also interested in the related articles listed below:

The Board of Control for Cricket in India (BCCI) lost two arbitration proceedings filed by M/S Rendezvous Sports World (RSW) and Kochi Cricket Pvt. Ltd (KCPL) and awards dated 22.06.2015 were pronounced. On 16th September 2015, BCCI challenged both the above said arbitration awards by filing applications under Section 34 of the act.
All sort of business will necessitate a business law advice at one end or other. From the merchant relationships in order to authoritarian compliances, tax & payroll problem, employment matters, a day to day function of your business provides a myriad of challenges.
If you believe you have a case for Wrongful Owner Move In Eviction, what can you do? An introduction to a lawsuit for wrongful or fraudulent owner move in (OMI) eviction in San Francisco under San Francisco Rent Ordinance sec. 37.9(a)(8).
loading...

More in Legal

Excellent, Larry. Thank you for taking the new article directory technology and making it work to the max. I encourage everyone to keep contributing and contributing regularly. I can attest to the fact that this site is already a strong directory in a field of many. Kudos to Larry!

Matthew C. Keegan
The Article Writer

 

I find it a delight to use both as an author and a publisher. It is full of nice little surprises that make the whole process of writing, reading and publishing articles a complete delight. This is one that comes out tops and beats the rest hands down.

Eric Garner
Managing Director
ManageTrainLearn

 

I did a Google search and came across your site. It was exactly what I was looking for and was elated to find such a broad range of articles. As I am launching a free magazine in a small town in Florida, I wanted to be as resourceful as possible while still being able to provide some content that is interesting and well written. Your site has all the variables in the mix. Excellent Site hitting all the notes in the scale sort of speak.

Mo Montana
Florida, USA

Article Topics

 
Copyright © 2005 - by Larry Lim, Singapore - Article Search Engine Directory at ArticleSphere.com™
All Rights Reserved Worldwide. All Trademarks and Servicemarks are the property of the respective owners.
ArabicBulgarianCatalanChinese (Simplified)Chinese (Traditional)CzechDanishDutchEnglishEstonianFinnishFrenchGermanGreekHaitian CreoleHebrewHindiHungarianIndonesianItalianJapaneseKoreanLatvianLithuanianNorwegianPersianPolishPortugueseRomanianRussianSlovakSlovenianSpanishSwedishThaiTurkishUkranianVietnamese