Q: What is considered abandonment of a house?
Me and my wife are going through a divorce. She moved out of the house that we lived in about 3 1/2 four years ago. I still reside in the house and I have been keeping up with the upkeep and maintenance this entire time. She has not made a mortgage payment which is in her name only for the past seven months. The house has to be sold according to the divorce and divided between the two of us. Because she has not made the mortgage payment and she has no ties to this house anymore is that considered abandonment and if so what rights does she have when the house is sold and what rights do I have if it is abandonment?
A: There is no abandonment in this case. You have an agreement. You split the sale proceeds. You get half. She gets half. If the nonpayment was not addressed in the property settlement agreement, then it has to be divided equally.
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