QUESTION: I was married to my husband for 11 years. After he went to prison, I decided it's no longer the life I wanted. I thought we could sell our home and leave on somewhat good terms. However, this has not happened. After he got out of prison, he moved back to the house and I moved out. He is unable to pay the mortgage because he has no job. I've had my job for the past 3 years and was paying all the bills, however with me gone, he is living in our home with no lights, gas and letting the mortgage bills pile up. I've asked if I could take over our home to catch up, but his answer is no! He would rather it go into foreclosure. I do not want to live there. I would just like to divorce, sell our home, and go our own ways. Please, can you direct me to the right thing to do.
MY RESPONSE: You should retain an experienced Family Law Attorney to represent you in your divorce. If your house has equity in it, that equity should be preserved for the marital community. If your husband is living in the house and not paying its mortgage, your lawyer can file an Order to Show Cause (perhaps on an Order Shortening Time, due to need for speed because of the impending risk of foreclosure) for orders requiring that the house be listed and sold, and (possibly) for you to get possession and use of the house pending its sale, to ensure the house's being put into the best possible condition for sale and to facilitate its showing to prospective purchasers.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
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