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spouse not paying mortgage on joint real property ... foreclosure looming

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#1 nacesq67


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Posted 24 February 2013 - 06:51 PM

We are married four years, I have two kids he had none. we agreed to purchase marital home and put only his name on the mortgage because I had bad credit, we closed before my property was sold and I was upset because he did not pout me on the deed right away and had not changed his will to include me. By then we had been married 8 months and had closed 3 months prior. He failed to respond so after a few months I moved out of the home and was furious at having to uproot kids. 5 months later I stupidly moved back because he was sorry, etc' and we agreed that if i moved in he would sign docs and allow me superor right to possession until my youngest turned 18 becuase of school (he is in 11th grade) and then I wired him proceeds $120,000.00. He never changed docs, failed to apply for HARP and HAMP, had a tax lien filed and is now paying credit card minimums but not the mortgage. I had a HUD counselor assigned and he called the lender instead. How can I protect my right to this real estate that is at least half mine? A lis pendens? Sue for fraud? Sue for divorce? We are two months behind and he is the moneyed spouse. I can show a pattern of economic and psychological abuse with one incident of physical abuse. How do I protect my asset? Get the court to impose a constructive trust?

#2 Tax_Counsel


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Posted 24 February 2013 - 07:04 PM

You didn’t say in what state you live and that makes a big difference as state property and divorce laws vary widely. I suggest you consult an attorney for advice on that. But note that if the home is going to foreclosure, there may not be much equity in it for you to save anyway.

#3 Guest_FindLaw_Pierre_*

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Posted 25 February 2013 - 12:38 PM

Thanks for posting. Please let us know what state you live in and we can try to help.

#4 Guest_FindLaw_Amir_*

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Posted 05 March 2013 - 09:31 AM

This issue is difficult to comment on without knowing what state you are living in.

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