What Steps Can I Take to Keep My House if My Husband Has Not Paid the Mortgage and We’re Going Through a Divorce?

Question from Dub D, What Steps Can I Take to Keep My House if My Husband Has Not Paid the Mortgage and We’re Going Through a Divorce?

Answer from AI:

Understanding the Situation

If you’re going through a divorce and your husband has not been paying the mortgage, the mortgage company may threaten to foreclose on the house. This can be a stressful situation, but there are several steps you can take to try to keep your home. However, it’s important to remember that every situation is unique and the best course of action may depend on various factors such as your financial situation, the terms of your mortgage, and the laws in your state. Therefore, it’s recommended to consult with a legal professional for personalized advice.

Steps to Take

1. Communicate with Your Mortgage Company: The first step is to contact your mortgage company to explain the situation. They may be able to offer you a temporary payment plan, loan modification, or other options to help you avoid foreclosure.
2. Seek Legal Advice: It’s important to consult with a lawyer who specializes in family law and/or real estate law. They can help you understand your rights and options, and guide you through the process.
3. Consider Mediation: If your husband is willing, you could consider mediation to resolve the issue. A mediator can help you both reach an agreement about how to handle the mortgage payments and the house during and after the divorce.
4. Divorce Decree: If you’re still in the process of divorce, ensure that the issue of the mortgage and the house is addressed in your divorce decree. The court may order your husband to continue making the payments or to sell the house and split the proceeds.

Legal Assistance and Resources

There are several resources available that can provide you with more information and assistance. The U.S. Department of Housing and Urban Development (HUD) offers a guide to avoiding foreclosure and can help you find a HUD-approved housing counselor. Legal aid organizations may also be able to provide free or low-cost legal advice.

Remember, it’s crucial to act quickly if you’re facing a potential foreclosure. The sooner you take action, the more options you’ll have available to you. However, this information is general in nature and does not constitute legal advice. Always consult with a legal professional for advice tailored to your specific circumstances.