Question:
My wife wants to kick me out of the marital home, but still expects me to continue paying the mortgage.
She says if I try to default on our mortgage she will take me to court to enforce payments to ensure she can continue living there.
Can a court keep the paying party from purposely defaulting on the marital home mortgage?
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 Texas divorce laws where I am licensed to practice.
In a divorce where I practice, a court will order a just and right division of the property. This division includes either awarding the marital home to one party or forcing the sale of the house.
Normally, the debt follows the asset it is secured by, meaning the party awarded the house would also be responsible for paying the mortgage.
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However, often the other party is ordered to pay spousal maintenance, which is usually used to pay expenses such as the mortgage. Unofficially, the courts often prefer for the children to be able to stay in the house in which they were living prior to the divorce.
Thus, the parent who is designated as determining the primary residence of the children is often awarded the marital home.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with an attorney in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Jordan Haedicke, an associate attorney in the Austin, Texas, office, contact Cordell & Cordell Law Firm.
