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  1. #1

    Default What to Do if Your Spouse Lets the Marital Home Go into Foreclosure

    My question involves a marriage in the state of: Vermont

    My husband, we are currently in the process of divorce, has not paid the mortgage in 4 months.

    I am not on the mortgage but was told at the beginning of the divorce that all property in Vermont is marital property whether it's in one name or both.

    We were attending case managers conferences to determine the distribution of assets and I now find out that the mortgage company is beginning foreclosure on the home.

    I requested all bank statements from June 2018 to current, and going through them my husband has spent thousands of dollars on dating sites/ porn/ etc. and the totals of those purchases would have been more than enough to cure the default.

    I was told by a friend of both of ours, that he is planning on letting the house be foreclosed on and that his parents will purchase it at a fraction of the homes current value.

    My question is, can I do anything about this? Can he actually willfully let the house be foreclosed and his parents buy it for him to still live there?

  2. #2
    Join Date
    Oct 2006
    Posts
    15,112

    Default Re: Husband Willfully Letting Marital Home Go into Foreclosure

    I know of multiple cases where something like this was attempted, and the party failed. The judge ordered the party to pay the other party the amount of money equal to 1/2 of the equity that would have existed had they not played games. In one case, a judge even ordered that the party pay the other party 100% of the equity.

    The problem is that you have to have an attorney willing to be aggressive on the issue...and that costs money. Therefore, you have to be sure that the amount of equity involved is worth the legal fees.

  3. #3

    Default Re: Husband Willfully Letting Marital Home Go into Foreclosure

    Unfortunately, I am representing myself, and he has an attorney. I left after years of abuse and have a protective order in place that he has violated and has pending criminal charges currently with COR. I am trying to do the best I can. I was asking for his bank statements for weeks before I filed a motion with the court for his attorney to disclose them and I finally received them

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,817

    Default Re: Husband Willfully Letting Marital Home Go into Foreclosure

    It's time to get a lawyer. If you lack the resources to hire a lawyer, you may be able to find one who will defer payment until the estate is divided, or who will petition the court for an advance against the marital estate that can be applied toward legal fees.

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