My wife is getting the house but both of our names are on it, if she misses payments can my alimony payments go to mortgage to avoid foreclosure until it sells?

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My wife is getting the house but both of our names are on it, if she misses payments can my alimony payments go to mortgage to avoid foreclosure until it sells?

Asked on January 17, 2012 under Family Law, Minnesota

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What I think you are asking is if the alimony payments can be made directly to the bank holding the mortgage rather than to your wife, correct?  If you did that you would be in violation of the court order and your agreement so it is not advisable.  If she stops making payments then you can ask the court to modify the agreement and order and allow you to make the mortgage payments.  But why don't you figure out a solution before you sign the papers?  If you think she will default don't give her the house.  Good luck. 


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