Legal Question in Family Law in California

Wife threatening to let house go into forclosure before divorce is final

i have been separated for 2 1/2 years. i am in the process of filing for the divorce. my wife is threatening to let our house (that she currently lives in) go to forclosure (ie she's gonna stop making the mortgage payments)if she doesn't get her way. I was making half the mortgage payment until 5/02. What options do i have? Can I force her to move out so that i can move in and make the mortgage payments?

Asked on 7/29/03, 1:07 am

3 Answers from Attorneys

Dieter Zacher Law Offices of Dieter Zacher
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Re: Wife threatening to let house go into forclosure before divorce is final

Keep making the mortgage payments yourself. Otherwise, you will lose the house to foreclosure. A judge can't do anything unless you file the papers with the court. Since you have been separated for a while now, any payments made by you after the separation would be credited to you at the end when the marital estate is determined and the assets allocated by the court. Regarding the house, if you are the only one on the deed, then, you can try to evict her. Otherwise, if she is on the deed, she'll be allowed to stay.

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Answered on 7/29/03, 1:13 am
Lyle Johnson Bedi and Johnson Attorneys at Law
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Re: Wife threatening to let house go into forclosure before divorce is final

If she does not make the mortgage payments, you can file a motion and get and order that she move out of the house and that the house be listed for sale. The order that she move out of the house prior to sale would be justified on her attitude of taking action for the sole purpose of punishing you. Act quickly unless you are financially able to make the entire mortgage payment for a lengthy period of time.

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Answered on 7/29/03, 1:53 am
H.M. Torrey The Law Offices of H.M. Torrey
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Re: Wife threatening to let house go into forclosure before divorce is final

from the facts given, you should make the mortgage payments yourself if your ex is defaulting on the payments and you both are jointly liable for the payments. if you do this personally, you should be entitled to reimbursement of such payments upon your final dissolution. if you would like further assistance in this area, feel free to email me directly.

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Answered on 7/29/03, 1:54 am

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