
true_red_4ever asked: My current boyfriend soon to be husband was divorced in 2007 even though he requested to keep the marital house and the debt, the wife claimed it should be hers because she didn’t want to give him full custody of the kids or have them move out, thought it was easier if he moved out. Plus in early 2008 he deployed to Iraq for 12 months and wouldn’t be living there any ways. The divorce decree says he was to pay off ALL marital debt, loans and credit cards, he had to cash out his 401K to do so, (and he did pay it all) it states she remains in the house and put it up for sale. We have requested she refinance and put the house in her name only but she refuses to do so. She doesnt work and attends school full time, the only income she has is the child support he pays… About once a month she tells him that at the end of the school year she is walking away from the house and letting it sit. Letting it go into forclosure or what ever, she doesnt care. And if he doesnt like it then he can start making the payments… Remember this is the house she refused to let him stay in and pay for 2 years ago… Since then we have met, he has returned from Iraq, and now is currently living with me and has been for over a year now. I own my home and my own vehicle.But he is currently on active duty pay with the military because of injuries he recieved while serving over seas. And is in a medical hold status.
I guess my question is… What will happen if she goes into forecloser?? His name is still on the mortgage…
We have no joint properties but we have a joint banking account and he pays a majority of our house hold bills. He currently only has 2 credit cards in his name that he owes very little on. But he pays a huge child support payment to her, and helps with the home that him and I live in together… I know since we aren’t married my credit won’t be effected, but will they make him pay for this mortgage even though the court granted it to her as her residience?? Will they look at him and say he has an income and hardly no debt (cause everything is in my name) and stick him with this payment?? What will happen if we marry before the forcloser process versus after the process??
We obviously cant afford another mortgage on top of the one we are living in now (mine).
I am afriad that the courts or lenders will look at his finances and say he gets an income but has no debt because everything is in my name, and she has no income and they will sue him for payments…
But we are afraid if we marry first then they may consider everything as joint and try to take my properties as his assets and payments ..
Sorry I have rattled on and on about this, but its very stressful to our relation ship, things were going so good till all the sudden she doesnt want the house any more… ugh!
Lydia