Q: My ex-wife and I still own a house together. She is refusing to pay any amount of the mortgage. What can I do
We bought the house, in North Carolina, shortly after getting married. Our jobs moved us out of state and we rented the house out on a 5 year lease with option to buy. The renters didn't buy, but still living there without paying rent (another legal issue in progress), and my now ex-wife is refusing to help pay the mortgage or the attorney fees associated with the lawsuit. Not only is she just refusing to pay but she has been taking the money I've been depositing out of the joint account (used solely for this house).
I'm about $19k out of pocket since September and roughly $600 has been her taking $10-60 at time.
Not that it makes a difference but I against entering in this contract from the beginning. Now I'm left with 2 mortgages and 100% financial responsibility of our daughter.
I've asked her every month and she doesn't reply or says she will without any follow through. Not sure what my next move should be.
A: Your divorce decree should have specified what was to happen to that house, who was to pay mortgage, expenses, etc. If ex is not complying with the decree, then you can file with the court that issued your divorce decree and ask the judge to order her to comply and to hold her in contempt if she doesn't. Check with the attorney who handled your divorce.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.