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Divorce and failure to pay mortgage

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#1 Crona3


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Posted 26 December 2012 - 09:16 AM

Happy Holidays everyone,

I am currently going through a divorce in Illinois and my wife was granted possession of the residence while everything is worked out with the courts. She filed a motion for contribution after I volunteered child support and payment for daycare of our daughter. The Judge instructed her counsel to remove the motion and never to file one again. She has alleged some incredible things (lies) and the Judge was upset with her attempts to gain more than what was fair.

This brings me to my question. My wife has possession of the residence but has not paid the mortgage. We are currently one month behind in payments and she refuses to pay going forward.

Do I have any legal rights to sue her for willfully damaging my credit while she continues to sit in the house?

I have been searching online and cant find any suggestions.

Thanks for any assistance that may be offered.

#2 Ted_from_Texas


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Posted 26 December 2012 - 03:25 PM

The person(s) responsible for making the mortgage payment is the person(s) on the mortgage, no matter who actually resides at the house. Presumably both you and your wife are listed on the mortgage. If so, and if you don't want your credit to suffer, you must continue to make the payment. You are free to return to court and ask for an order that assigns the payment to your wife. Then, even if she refuses and you continue to pay, you'll have a cause of action against her for contempt of court and reimbursement of your payments. Note that the court order is not binding on the mortgage company, so if the payments get behind they can come after either or both of you for the money, regardless of the court order. Consult local counsel.

#3 Guest_FindLaw_Amir_*

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Posted 27 December 2012 - 09:13 AM

I agree with the previous poster, you may wish to discuss this matter with a local Illinois Divorce Lawyer to advise you on how to address this concern. I also suggest you visit the Family Law Center and read Divorce as a good resource.

#4 adjusterjack


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Posted 27 December 2012 - 01:39 PM

Agree with the others.

Plus, you might consider petitioning the court to award you possession if you are going to be making the payments.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.

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