Could my mom and I lose our house if my dad was supossed to pay the bills?
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Could my mom and I lose our house if my dad was supossed to pay the bills?
I just turned 18 last month and my parents were getting a separation 2 years ago. There attorneys agreed for my dad to pay any bills in his name until I turned 18. This was considered for the child support and he got all of the bills at his house. Well last week, we got notices from electric and sewage
saying that we were 5 months behind so they shut them off. Then we found out he didn’t pay for the mortgage or gas also for the last 5 months. He said that we should be getting the house foreclosed on soon. He also put down the amount he was supposed to pay for child support on my FAFSA and welfare so we are losing money that way too. What should my mom and I do since we have no money?
Asked on April 23, 2017 under Family Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Yes, you can lose the house, and the only way to prevent that is to get caught up on the amounts owed for the mortgage. Whatever was agreed to between your father and mother has no effect on the bank/lender: it is not part of the marriage and is not a party to any agreements between your father and mother. The *only* agreement that affects the lender is the mortgage: the agreement under which monthly payments must be made for the house, or it can be foreclosed upon. If the mortgage is not paid, regardless of which spouse or other person is supposed to pay, rthe lender can foreclose. So while your mother may have rights or recourse against your father for not paying, that is between the two of them: if she does not make sure that the mortgage is paid, she can lose the house.
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