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divorcing and bills


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#1 cantwaitanymore

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Posted 03 February 2013 - 11:05 AM

My husband and I are getting divorced after 12 years of marriage. We live in Massachusetts We own a home. He is self employed and I worked so that we could get health insurance. My monthly pay is enough to pay for the health insurance and the mortgage. His covered everything else.
He would not leave the house so I did. Our son is shared 50/50. I moved out and took with me, my car payment and car insurance and my CC bills. He is no longer paying these. He wants me to give him money for the mortgage and property taxes for the house. There is no way I can afford that. I can barely pay the bills I took and the health insurance is still coming out of my check every week.
He says if I can't give him money then he will take what money I should be giving him out of our equity line of credit to pay the bills and we will have to both pay that back when the house sells. Is he "allowed" to do that? We are both on the mortgage and I know I am responsible for half of the line of credit.
I don't want to be held responsible for money he takes of the there. Is there a way I can put a "FREEZE" on that equity line of credit so that he can't use it any more.
I would appreciate anything any one knows about this.

#2 pg1067

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Posted 04 February 2013 - 07:59 AM

He says if I can't give him money then he will take what money I should be giving him out of our equity line of credit to pay the bills and we will have to both pay that back when the house sells. Is he "allowed" to do that?


Has your divorce been filed? As a practical matter, you should contact the lender who extended the HELOC and inform the lender that it should close the HELOC on a going forward basis or, if it will not do that, that you are expressly denying any future advances on the HELOC that you do not specifically approve in writing.


Is there a way I can put a "FREEZE" on that equity line of credit so that he can't use it any more.


That's not a legal issue and certainly is a question that you can and should pose to the lender.

#3 Guest_FindLaw_Amir_*

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Posted 05 February 2013 - 02:57 PM

What is the current status of your divorce?

#4 cantwaitanymore

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Posted 07 February 2013 - 06:57 AM

We are just seperated at the moment but have an appointment at the end of the month with a mediator.

#5 pg1067

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Posted 07 February 2013 - 08:25 AM

Since no divorce is filed, you and your husband -- whether acting jointly or separately -- is allowed to use the HELOC in any way that is permitted by the terms of the loan agreement.




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