What is marital property?

Q: What happens if I stop paying my mortgage during divorce?

Stopping mortgage payments during a divorce can lead to foreclosure if the lender takes action. Both spouses may be held liable for the mortgage, impacting credit scores. It's crucial to communicate with the lender and seek legal advice to explore options and protect your interests.

Q: What happens when you get divorced with no kids?

When getting divorced with no children, the process focuses on dividing marital assets and debts. Each spouse typically retains their separate property. The absence of children can simplify the divorce process, but legal guidance is still recommended to ensure fair asset division.

Q: Who gets the house in a divorce with no children?

In a divorce with no children, the house is typically divided based on state laws. If the house is considered marital property, it may be sold or one spouse may buy out the other. Factors such as who paid the mortgage and contributions to the home can influence the decision.

Q: What if my husband refuses to pay the mortgage?

If your husband refuses to pay the mortgage, you may still be held responsible if both names are on the loan. This can lead to foreclosure and damage your credit. It's important to seek legal advice to understand your options and protect your financial interests.

Full question:

My brother is in the middle of a divorce. He has no children. The house is split 50/50 even though he paid the mortgage. Wife had a restraining order to throw him out of the house. Now wife wants him to pay the gas, electricity, and water bill for the 5 months that he was not living there. She also took the rent money from the tenants and does not want to share it. She also wants to half his home made motorcycle that he owned before marriage. Can she take his stuff that he owned before marriage? Should he pay the water bill, etc.?

Category: Divorce
Date: 04/07/2025
State: New York

Answer:

There are many variables involved in divorce cases which cause different answers to the same question. Since this is a pending matter and many factors could be involved, he should consult his attorney for advice in his particular case. If he does not have an attorney and feels he is being jerked around, he might consider hiring one to assist. Sorry we could not be of more assistance.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What if a spouse stops paying a mortgage during divorce?

If a spouse stops paying the mortgage during a divorce, the other spouse may still be responsible for the mortgage payments if both names are on the loan. This can affect credit scores and the ability to refinance. It's essential to discuss options with an attorney to understand rights and responsibilities regarding the mortgage.

What happens if I stop paying my mortgage during divorce?

Is everything split 50/50 in a divorce in the USA?

In the USA, property division in divorce is not always split 50/50. It depends on whether the state follows community property or equitable distribution laws. In community property states, most assets acquired during marriage are split equally. In equitable distribution states, the division is based on fairness, considering various factors.