Question #76

You are, unfortunately, caught in a serious dilemma. You can try to take him to court to have the judge force him to keep up the payments or have you removed from the mortgage and credit cards. In any case, this is why it is essential to have a qualified attorney who is experienced in divorce matters to represent you or to mediate a separation or divorce. Any experienced lawyer would have provided for responsibility for all outstanding liabilities, mortgages, etc. in the Separation Agreement. The divorce process is too emotionally draining and too complicated for anyone to do it by himself/herself. Before the bank would foreclose on the house, it would have a right to seek payment from you as a co-signer on the mortgage. Even if your husband declared bankruptcy, the credit card company could still try to collect from you.

LESSON # 1 For the Future – USE AN EXPERIENCED ATTORNEY! It will cost you much more later if you do not!

Leonard M. Weiner, Esq / Divorce Solutions

Question #323

If your husband is signed on the mortgage as you suggest, he is liable to the bank to make the mortgage payments just as you are.

However, since you are occupying the home and he is paying rent, you should cover a more substantial portion of the mortgage payment.

The exact amount should be determined by examining all of the other financial and other considerations that are being proposed as a result of the separation.

If you are living in the NYC metro area, please call me to arrange a meeting for the 3 of us to discuss this matter in greater detail, and to work out all of the many other issues that must be agreed upon for the separation to work.

Leonard Weiner, Esq./Divorce Solutions
212-370-1660