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  1. #1
    Join Date
    Oct 2012
    Posts
    9

    Default 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.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default 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.

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    Default 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.

  4. #4
    Join Date
    Oct 2012
    Posts
    9

    Default Re: Can You Stop Paying the Mortgage While a Divorce is Pending

    What kind of consequences???

  5. #5
    Join Date
    Oct 2006
    Posts
    16,474

    Default 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.

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default 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.

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