Will I lose the house if my husband says that if I ever wanted a divorce he would walk away from the
house so I can not sell it?
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Will I lose the house if my husband says that if I ever wanted a divorce he would walk away from the
house so I can not sell it?
Is this true? His disability check is paying the mortgage right now.
Asked on June 11, 2019 under Family Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If you cannot pay the mortgage yourself and he stops paying, the bank will be able to foreclose and take the home; the bank doesn't care who pays, but someone has to, or else it can foreclose.
That said, if you file for a divorce, you can seek a court order on an "emergent" (think: "urgent" or "emergency") basis to get an "injuction" (court order) that he keep paying the mortgage pending the outcome of the divorce. Then during the divorce, the court will look at who makes and contributes how much; who may have a better claim on the house based on "equity" or fairness (e.g. if there are minor children, that weighs in favor of the primary caregiver staying in the house, to avoid uprooting them; or if the home is near the doctors that one of the spouses see regularly, that weighs in favor of that person staying in the home) and decide whether at the end, the home goes to one spouse or the other, or whether the court orders that the home be sold and the proceeds divided between the spouses.
If contemplating a divorce, you should consult with a family or matrimonial law attorney, to better understand your rights based on your own unique situation.
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