Legal Question in Family Law in Oklahoma

Abandonment of spouse

My husband moved out a month and a half ago, while I was at work, and I have not heard from him since. Our house (mobile home) is in his name, but the land is in my name. The mortgage company approved me to take over payments. But they would keep his name on it until it was paid off.I told them I could not afford that payment and would not pay for anything in his name.So they said I was just a squatter and really had no rights. so what are my rights do they half to forclose on him before they can kick me out, or give a notice or what.


Asked on 9/20/02, 4:53 pm

1 Answer from Attorneys

Hunt John Urgentlegalcare.com

Re: Abandonment of spouse

Thank you for your question. Mobile home situations are always difficult to precisely determine rights between the parties. Basically, the creditor has a right to be paid and if it is not paid it can take all actions that the law permits a secured creditor to take which may include repossession or foreclosure. As you state that you are not on the loan then I suppose they will not notify you of a foreclosure action. As to repossession, they can make a peaceable repossession without notice to you. Or they can seek a court order for possession (replevin) in which case you will probably receive notice as a person who may potentially claim an interest in the home. Whether you do claim an interest I do not know. I guess if you do not pay because of income or other reason you should perhaps make other living arrangements so that your possessions are not taken off with the home if it is repossessed.

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Answered on 9/20/02, 5:56 pm


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