Legal Question in Family Law in New Jersey

Mortgage Payment

Hi

My question is, if divorce proceedings start on my marriage and I move out of my house, can the court order me to pay the mortgage on it if I choose to not pay it and let the bank foreclose on it? There is no possible way I would be able to afford paying child support and continue paying the mortgage and paying rent on a new place to live as well as legal fees. Thanks for your help.


Asked on 11/29/06, 7:41 am

4 Answers from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Mortgage Payment

I a situation where neither party can afford the house, the court will order it sold. However, until that happens, the court will likely order you to pay for it. Your best money is spent on an attorney to protect your interests so that you can do everything you can to avoid your hypothetical situation.

Feel free to give me a call at 732/247/3340, there is never a charge for my initial consultations.

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Answered on 11/29/06, 9:14 am
Drew Hurley Law Offices of Drew M. Hurley

Re: Mortgage Payment

The short answer is that a Court can order you to continue to pay not only the mortgage but other "roof" expenses such as taxes, utilities, and the like pending the final outcome of the divorce. However, a number of factors go into a Court's decision on this issue.

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Answered on 11/29/06, 10:10 am
Robert Davies The Davies Law Firm, P.A.

Re: Mortgage Payment

Yes. the court can do it. that does not answer the bigger question, which is: what should you be doing to protect yourself and get the best result possible out of the divorce.

Now, dont take this wrong, but let me summarize:

you are in the middle of a divorce. You have to deal with it very soon.

you have a job.

you might have kids.

child support and college tuition needs to be paid. measured in tens of thousand of dollars.

you probably have a house, and maybe some money saved. you might have a pension plan.

and you want to do this without an attorney's advice.

Nothing that an attorney can say over this bulletin board can come close to helping you solve your problems. Careless actions by you will likely cost you thousands of dollars, make your life more difficult, and possibly cause additional harm to the kids.

Hire an attorney. Go see an experienced divorce attorney located reasonably near you, and pay the attorney to review your situation carefully with you, and give you some guidance.

Go hire a lawyer, and figure out what you want to do.

If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 11/29/06, 12:40 pm
Frank LaRocca LaRocca & Associates, PC

Re: Mortgage Payment

A Court can certainly order that, and do some of the other things the attorneys herein have advised. The best thing said on this board so far was stated by Robert Davies"

"Nothing that an attorney can say over this bulletin board can come close to helping you solve your problems. Careless actions by you will likely cost you thousands of dollars, make your life more difficult, and possibly cause additional harm to the kids.

Hire an attorney. Go see an experienced divorce attorney located reasonably near you, and pay the attorney to review your situation carefully with you, and give you some guidance."

PLEASE SEE A LAWYER OF YOUR OWN CHOOSING

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Answered on 11/29/06, 4:11 pm


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