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Can You Stop Paying the Mortgage While a Divorce is Pending

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  • 06-06-2014, 12:05 AM
    julbox3134
    Can You Stop Paying the Mortgage While a Divorce is Pending
    My question involves a marriage in the state of: Indiana
    I stayed in the marital home when my soon to be ex left last year. We were supposed to be signing an agreement by now, but it looks like that is not going to happen any time soon. I can no longer afford the mortgage or the expenses of keeping up the house. I explained this to my soon to be ex and she informed me that I could not move out of the home. I wasn't "allowed" to just stop making the mortgage payments and turn the utilities off. She won't agree to let me put the house on the market until divorce is final. Her name is on the loan as well. I have run out of money and would be better off to move into an apartment at this time. It may not be the best solution, but are there ramifications if I move out? She cannot afford the expense either so her moving in is not an option. I just don't see how she can force me to stay.
  • 06-06-2014, 07:34 AM
    adjusterjack
    Re: Can You Stop Paying the Mortgage While a Divorce is Pending
    She can't force you to stay. She can't make you do what you don't want to do. She can't stop you from doing what you want to do.

    There could be court consequences later on, but you are welcome to abandon the house and stop making the payments if you want to.

    When she's faced with the fallout from that, it might give her the incentive of making a final agreement and getting the divorce over with.
  • 06-06-2014, 08:36 AM
    llworking
    Re: Can You Stop Paying the Mortgage While a Divorce is Pending
    Quote:

    Quoting adjusterjack
    View Post
    She can't force you to stay. She can't make you do what you don't want to do. She can't stop you from doing what you want to do.

    There could be court consequences later on, but you are welcome to abandon the house and stop making the payments if you want to.

    When she's faced with the fallout from that, it might give her the incentive of making a final agreement and getting the divorce over with.

    Just wanted to re-emphasize the bolded. He has already asked his questions down the street.
  • 06-06-2014, 09:59 AM
    julbox3134
    Re: Can You Stop Paying the Mortgage While a Divorce is Pending
    What kind of consequences???
  • 06-07-2014, 05:31 AM
    llworking
    Re: Can You Stop Paying the Mortgage While a Divorce is Pending
    Quote:

    Quoting julbox3134
    View Post
    What kind of consequences???

    Well, I know one guy who let the house go into foreclosure and the judge ordered him to pay his ex-wife 1/2 of what the equity would have been in the house had he kept making the payments until it could have been sold. It took him years to pay that amount of money off to his ex. You either need to convince your wife that you both will be screwed if you don't get the house on the market ASAP...or you need to get a judge to order that it be put on the market ASAP.
  • 06-07-2014, 06:03 AM
    jk
    Re: Can You Stop Paying the Mortgage While a Divorce is Pending
    I think that last sentence is extremely valuable.

    You want the courts approval to do anything with a marital asset before doing anything with a marital asset.
  • 06-07-2014, 06:54 AM
    llworking
    Re: Can You Stop Paying the Mortgage While a Divorce is Pending
    Quote:

    Quoting jk
    View Post
    I think that last sentence is extremely valuable.

    You want the courts approval to do anything with a marital asset before doing anything with a marital asset.

    Unless both parties agree.
  • 06-07-2014, 07:17 AM
    budwad
    Re: Can You Stop Paying the Mortgage While a Divorce is Pending
    Indiana is an equitable distribution state so you own her debts and she owns yours. She owns your assets and you own hers' all for the time of the marriage. When you file for divorce it kind of puts a date in place that the court can look at when it looks at what happened after that date and how the parties behaved.

    I don't know if this is a pro se action or if you have an attorney but one way or the other, since you filed you would need to make a motion to the court that the house be sold rather than let it go into foreclosure. You don't need a final agreement to do that. That would be responsible behavior.
  • 06-07-2014, 08:18 AM
    llworking
    Re: Can You Stop Paying the Mortgage While a Divorce is Pending
    Quote:

    Quoting budwad
    View Post
    Indiana is an equitable distribution state so you own her debts and she owns yours. She owns your assets and you own hers' all for the time of the marriage. When you file for divorce it kind of puts a date in place that the court can look at when it looks at what happened after that date and how the parties behaved.

    That isn't accurate. That would be accurate for a community property state, not a equitable distribution state. However, even in an equitable distribution state debts and assets that accrued DURING the marriage, are generally divided 50/50...but that is not as absolute as it would be in a community property state.

    Quote:

    I don't know if this is a pro se action or if you have an attorney but one way or the other, since you filed you would need to make a motion to the court that the house be sold rather than let it go into foreclosure. You don't need a final agreement to do that. That would be responsible behavior.
    Yes, he needs to petition the court to order that the house be sold.
  • 06-07-2014, 09:11 AM
    budwad
    Re: Can You Stop Paying the Mortgage While a Divorce is Pending
    llworking, I did say during the time of the marriage. But I get your point. I really do know the difference.
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