Legal Question in Family Law in Massachusetts

divorce and forclosure

My husband and I bought our 1st home 1 year ago. Our mortgage payment is $4000.00 includes pmi, home insurance, taxes. My husband is treatening to leave me. I do not make enough $$ to make this payment myself or heat the home, elect ect. If he leaves is he legally obligated to help pay for the mortgage? I have terrible credit and cannot get refinanced to a lower payment, is there somewhere I can get help? I cannot rent it either, could not get what I have to pay for it. please help.


Asked on 11/16/08, 5:35 pm

3 Answers from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

Re: divorce and forclosure

YOu should get a lawyer right away and take steps to protect yourself. If he is threatening to leave you high and dry, he will discover that the courts will not let him use financial warfare to "win" in some stupid fight.

Seek a good lawyer in your area.

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Answered on 11/16/08, 7:10 pm

Re: divorce and forclosure

If a divorce is filed, you need to seek an temporary order requiring your husband to continue to make the payments.

If the reason for the divorce is the financial burden of the home, I would suggest you get some financial counseling as well as marital counseling.

Ultimately, you and he will have to sell the home if you get a divorce.

Good luck.

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Answered on 11/16/08, 7:12 pm
Joseph Murray Joseph M. Murray, Esq.

Re: divorce and forclosure

Retain an attorney to file for divorce and ask the court to order him to pay the mortgage.

Filing will automatically freeze all marital assets. Good Luck!

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Answered on 11/16/08, 8:03 pm


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