Question:
In my divorce I was ordered to pay half the mortgage until the marital home is sold.
However, my ex-wife, who is living in the home, has showed no motivation for selling the house and is not maintaining the exterior so it even looks like a valuable property.
I am trying to understand how to get out from paying the mortgage on a house that is under water and will not sell any time soon due to my ex-wife’s lethargy.
What are possible legal ramifications if I quit paying my half of the mortgage in order to force her to sell the marital home?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Ohio divorce laws where I am licensed to practice.
When you are dealing with a motion for contempt and issues surrounding the sale of marital property (i.e., real estate), your options are greatly limited by the language in your divorce decree.
First, did the court retain jurisdiction to handle the sale of the residence? If the court did not retain jurisdiction to enforce or modify the provision regarding the sale of real estate, your options through court are severely limited.
Second, is your ex-wife ordered to maintain the property before it is sold (lawn, landscaping, etc.)? If so, she could also be held in contempt.
If you have a good case to hold your ex-wife in contempt, you can request that the court “purge” the contempt by ordering a creative way to expedite the sale of the home (cooperation with short sale, order outlining the responsibility of the deficiency balance that would result from auction, etc.).
If the decree states that you are responsible for paying the mortgage and you stop paying the same, you could be held in contempt of court. Again, this depends on how this is handled within the decree.
In addition, if you stop paying the mortgage, the house will eventually go into foreclosure. After the house is sold at a sheriff’s sale through the foreclosure process a deficiency will result (the difference in what you owe compared to what the mortgage company actually received from the sale).
Divorce Tips:
The mortgage company can then pursue collection of that deficiency and may eventually garnish you wages, put a lien on another piece of property you own, etc. If your ex-wife is obligated on the mortgage as well, they can do the same to her.
Therefore, if the decree does not give you options outside of “pay for the mortgage until the house is sold,” then it would behoove you (and your ex-wife) to try to work out a deal outside of court, reduce the agreement to writing, and file the same with the court.
I recommend that you carefully review your divorce decree, separation agreement, and any other pleadings that control your property issues.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Cincinnati, Ohio Divorce Lawyer Chad G. Koop, contact Cordell & Cordell.
How I handled this:
I plead financial hardship, contacted the mortgage company and told them I would be unable to make any more payments which triggered the beginning of a deed in lieu of foreclosure process. I notified my attorney who made a motion in court to proceed with the deed in lieu (which showed I was doing everything I COULD do since I couldn’t pay anymore), and judge ok’d this. By the time the hearing was, mortgage was over 30 days past due which was the hardship necessary to get approved by mortgage company to do deed in lieu. Contempt was attempted by ex’s attorney but judge stated if someone can’t pay a mortgage, they can’t pay (was current on child support which he said was all that mattered). Magically, ex got house sold within 30 days and deed in lieu of foreclosure was avoided.
Ex was just like yours, planned on paying half for rest of mortgage period and just living there — I gave motivation !!
Yes, I could afford the mortgage! Was ex going to sell? Absolutely not!