Legal Question in Family Law in Florida

name on mortgage, but not on loan

My wife has kicked me out with my eleven year old daughter, I have gotten an apartment, my wife wants me to pay have the loan on the house until it is sold. I am not on the loan, she is solely. Can she force me to make half the payment?


Asked on 9/24/07, 2:23 pm

2 Answers from Attorneys

Re: name on mortgage, but not on loan

Of course not, the loan is in her name and she ia liable for the mortgage payment. She may file for divorce though and catch you there if she gets alimony and child support. I'd start thinking about getting a lawyer in to protect your interests.

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Answered on 9/24/07, 3:04 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: name on mortgage, but not on loan

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Your wife cannot force you to do anything - only a court can do that. If the child was kicked you with you then unless there is another child, there is at best an even chance that the court will require you to pay the mortgage payment. It would depend on the respective financial situations of each party, whether there are other children, the length of the marriage, etc.

Scott R. Jay, Esq.

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Answered on 9/25/07, 12:43 am


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