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  1. #1
    Join Date
    Jan 2020
    Posts
    5

    Default House Repossession During Divorce

    My question involves a marriage in the state of:NH
    Hello everyone,
    I am in the middle of a very nasty divorce. I filed in Feb 2019 and I had to file for relief. My ex was the primary bread winner and I as the father of my girls I was the stay at home parent. We had the first hearing on relief in April 2019 and the judge gave me sole usage of the marital home and gave her sole useage of the Townhouse that she purchased 3 days before I filed for divorce. The judge also ordered that she was to continue to make the payments on the marital home as well as on her townhouse. She was also required to maintain the health coverage during this time. The Judge also ordered her to pay me 1429 in child support monthly. During this time I was doing some small engine work out of the house just to supplement us so I could take care of the kids. I made about 10k a year and she averaged between 150 to 200k for the last 10 yrs. We have been married 17 yrs now and together living together for 20 yrs. I know that in this state everything is divided evenly and she has a retirement account with over 600k in it that part of it will come to me. She took 100k out of it as a deposit for her townhouse back in Feb and then in Oct she took another withdrawl out of the account against the Judge's order.

    We had a preliminary custody hearing on Sep 23 2019 which we didn't get a response until the 15th of Nov. We had a preliminary hearing on the financials on Dec 23 2019 in which we still haven't heard back from the court.

    I was informed by her Friday of last week that she hasn't payed the house payment since Nov and that it is behind 2 months and will be 3 mos on Feb 1st. I had a lawyer when this started but back in Oct. I lost her because I couldn't afford her any more. The ex last yr bombarded me with motions of contemp. So many that I had payed my lawyer approx. 21k in fees and all of my credit cards are maxed out so the lawyer is no longer in retainment and I am on my own. During this she also stopped paying for the healthcare thru her company for myself, her and the children. Because she gives me child support she pays for nothing else. Since she moved out in Feb. I have payed for everything for the kids. Their lunch accounts at school, extra curricular activities, ect…. She refuses stating that since I get child support she wont pay for anything else.

    So I first have to figure out what I can do about the house. I cant afford the payment as it sits. I am on the Deed but not on the Loan so I know that it is her credit that will be messed up but I don't want to lose the house. Currently housing here in NH is very hard to come by. I have primary custody of one of my children and part on the other so I want them to be able to stay here in town for school. The Ex lives here in town as well.

    So first is there a way to make her make the payments that she was ordered to make?
    Because we don't speak I don't know who the mortgage company is. How can I find that out?

    If anyone has suggestions I would truly appreciate it.

  2. #2
    Join Date
    Oct 2016
    Posts
    3,671

    Default Re: House Repossession During Divorce

    Why would the judge give you sole usage of both the house and the townhouse?

  3. #3
    Join Date
    Jan 2020
    Posts
    5

    Default Re: House Repossession During Divorce

    No the Judge gave me sole usage of the marital home. Judge gave her sole usage of the townhouse

  4. #4
    Join Date
    Oct 2016
    Posts
    3,671

    Default Re: House Repossession During Divorce

    Quote Quoting wbhrules
    View Post
    No the Judge gave me sole usage of the marital home. Judge gave her sole usage of the townhouse
    That makes more sense but isn't what you wrote in your original post.

  5. #5
    Join Date
    Jan 2020
    Posts
    5

    Default Re: House Repossession During Divorce

    Thank you. I fixed it.

    How is that Motion going to force her to make the payments she is suppose to before the Bank Reposses it.

  6. #6
    Join Date
    Oct 2016
    Posts
    3,671

    Default Re: House Repossession During Divorce

    Banks don't repossess houses, they foreclose on them. It takes some time.

    Hopefully, you will be in court before the foreclosure process starts or at least before it is final.

    The outcome of the motion would be the court ordering your ex to make the payments under the threat of some sanction by the court.

  7. #7
    Join Date
    Mar 2013
    Posts
    17,612

    Default Re: House Repossession During Divorce

    So first is there a way to make her make the payments that she was ordered to make?
    You need to file a Motion for an Order to Show Cause as to Why She Should Not be Held in Contempt.

    Yeah, that's what it's called.

    If your family court website doesn't have forms, google the title for NH and you might find the format.

    You might want to talk to your lawyer again as this kind of behavior often results in the bad guy paying the good guy's lawyer fees. The lawyer can tell you more about that.

    Because we don't speak I don't know who the mortgage company is. How can I find that out?
    Look up the property on the county assessor's website and on the county recorder's website. One or both should give you information about the mortgage company.

  8. #8
    Join Date
    Jan 2020
    Posts
    5

    Default Re: House Repossession During Divorce

    My lawyer wont help or talk to me because I don't have the $3000 retainer to give her.

    The timeframe of being foreclosed on will go faster than the courts. any motion I put forward is taking 3 to 4 months to the hearing date and then approx. 1.5 months for a decision. I believe that the bank will forclose before then

  9. #9
    Join Date
    Oct 2016
    Posts
    3,671

    Default Re: House Repossession During Divorce

    Quote Quoting wbhrules
    View Post
    My lawyer wont help or talk to me because I don't have the $3000 retainer to give her.

    The timeframe of being foreclosed on will go faster than the courts. any motion I put forward is taking 3 to 4 months to the hearing date and then approx. 1.5 months for a decision. I believe that the bank will forclose before then
    That may well be true but there is no other legal remedy.

  10. #10
    Join Date
    Oct 2006
    Posts
    15,984

    Default Re: House Repossession During Divorce

    Quote Quoting wbhrules
    View Post
    My question involves a marriage in the state of:NH
    Hello everyone,
    I am in the middle of a very nasty divorce. I filed in Feb 2019 and I had to file for relief. My ex was the primary bread winner and I as the father of my girls I was the stay at home parent. We had the first hearing on relief in April 2019 and the judge gave me sole usage of the marital home and gave her sole useage of the Townhouse that she purchased 3 days before I filed for divorce. The judge also ordered that she was to continue to make the payments on the marital home as well as on her townhouse. She was also required to maintain the health coverage during this time. The Judge also ordered her to pay me 1429 in child support monthly. During this time I was doing some small engine work out of the house just to supplement us so I could take care of the kids. I made about 10k a year and she averaged between 150 to 200k for the last 10 yrs. We have been married 17 yrs now and together living together for 20 yrs. I know that in this state everything is divided evenly and she has a retirement account with over 600k in it that part of it will come to me. She took 100k out of it as a deposit for her townhouse back in Feb and then in Oct she took another withdrawl out of the account against the Judge's order.

    We had a preliminary custody hearing on Sep 23 2019 which we didn't get a response until the 15th of Nov. We had a preliminary hearing on the financials on Dec 23 2019 in which we still haven't heard back from the court.

    I was informed by her Friday of last week that she hasn't payed the house payment since Nov and that it is behind 2 months and will be 3 mos on Feb 1st. I had a lawyer when this started but back in Oct. I lost her because I couldn't afford her any more. The ex last yr bombarded me with motions of contemp. So many that I had payed my lawyer approx. 21k in fees and all of my credit cards are maxed out so the lawyer is no longer in retainment and I am on my own. During this she also stopped paying for the healthcare thru her company for myself, her and the children. Because she gives me child support she pays for nothing else. Since she moved out in Feb. I have payed for everything for the kids. Their lunch accounts at school, extra curricular activities, ectů. She refuses stating that since I get child support she wont pay for anything else.

    So I first have to figure out what I can do about the house. I cant afford the payment as it sits. I am on the Deed but not on the Loan so I know that it is her credit that will be messed up but I don't want to lose the house. Currently housing here in NH is very hard to come by. I have primary custody of one of my children and part on the other so I want them to be able to stay here in town for school. The Ex lives here in town as well.

    So first is there a way to make her make the payments that she was ordered to make?
    Because we don't speak I don't know who the mortgage company is. How can I find that out?

    If anyone has suggestions I would truly appreciate it.
    You would have to take her back to court for contempt. The fact that she hasn't paid the mortgage since November means that you could be getting close to foreclosure, so you might what to try to make an emergency motion to the court. You also are going to need to do more to earn more money.

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