Reknilp Posted July 25, 2014 Share Posted July 25, 2014 My wife apparently officially moved out of the house this past Wednesday. She told me on Monday through a text that we are officially separated. I told her I haven't been served and she replied "you will". On Tuesday I opened a letter from out mortgage company. We are $8500 behind on our mortgage. When bought the house I had just started a new job two months prior. The loan consultant told us we would get a better rate if the mortgage was just in her name but my name would be included on the title. I can't call Chase and talk with them at all about the mortgage. We agreed we would split the bills. I took the mortgage as one of mine. I paid her cash most lyrics because I didn't ever order checks when I opened the account. I pretty much got used this last 8 months but I'm pretty much over the crazy pissed off mood. I found a apartment closer to work. This weekend I would like to move in. I'm worried that if I leave and turn off everything in my name (mostly utilities) if she tries to come back after I leave, she can get me for abandonment. She is right at 8 months behind on the mortgage, I'm surprised the bank let I go this long. Well it Thursday evening, almost Friday and I still haven't been served. Wanting to leave in two days but I'm worried her stating she was filing for separation was a hoax to get me to leave so she could file later under abandonment. Link to post Share on other sites
Mr Scorpio Posted July 25, 2014 Share Posted July 25, 2014 These are things you should be telling to your attorney. 3 Link to post Share on other sites
Mr. Lucky Posted July 25, 2014 Share Posted July 25, 2014 Wanting to leave in two days but I'm worried her stating she was filing for separation was a hoax to get me to leave so she could file later under abandonment. Are there children involved? Mr. Lucky Link to post Share on other sites
Trimmer Posted July 25, 2014 Share Posted July 25, 2014 These are things you should be telling to your attorney. This x 1000. Do you have an attorney yet? You should. Now. 1 Link to post Share on other sites
PegNosePete Posted July 25, 2014 Share Posted July 25, 2014 DO NOT move out of the house before taking advice from an attorney. If you do, you may well be compromising your financial position. Your wife has done you a massive favour by moving out and leaving you resident in the house. Don't throw this opportunity away! See an attorney NOW and follow his advice! Link to post Share on other sites
oldshirt Posted July 25, 2014 Share Posted July 25, 2014 These are things you should be telling to your attorney. This ^^^^^^^ Don't do anything that involves money, division of property, bank accounts/investments/insurance or child custody matters without the direct supervision and guidance of an attorney. Link to post Share on other sites
DivorcedDad123 Posted July 25, 2014 Share Posted July 25, 2014 How much equity do you have in the home? Don't move out! Talk to an attorney. She'll be liable for half of the debt.Half of all marital debt. Keep the text that she sent. Use that as the official "seperation date". Tell your atty that she stopped making the mortgage payments. Judges frown on that kind of thing. File for divorce,ask that she pay her half of all household expenses.Mortgage,utilities,water,cable,etc.,, You can bet if you have equity in the home,she'll be asking for her half,while you're stuck trying to make the payments. If you're underwater,let it go. If you have kids,you need to file today and have them returned to the marital home,pronto! Link to post Share on other sites
Author Reknilp Posted July 25, 2014 Author Share Posted July 25, 2014 Thanks everyone for their help in contacting an attorney before I moved out. I called an attorney and he talked to me for free : He told me NOT TO LEAVE, she could get me for abandonment. I called all the adjoining counties courthouses plus my county's sherriffs office. All the different offices told me their is no paperwork floating around waiting for them to serve me. The attorney told me to stay here and save my money. My name isn't on the mortgage just the title. I'm guessing we probably have 30k in equity. Link to post Share on other sites
DivorcedDad123 Posted July 25, 2014 Share Posted July 25, 2014 Good job on talking to the atty. She'd have to use the court in the county you reside in. Dont bother with surrounding counties. She's trying to scare you.If I were you,I'd file for D first and claim that she abandoned you and the marital home. You have a text stating such. Look at your state statutes to see what timeframe is needed for abandonment. On equity,it'll be split,regardless of who's name is on the mortgage.If it goes into foreclosure,neither of you will get anything. It may be best to do that,if no kids are involved. You'll need the money for legal expenses and you'll only get 15K out of the house,at the end of all of it. You need to weigh that option. Link to post Share on other sites
Movingforward2 Posted July 25, 2014 Share Posted July 25, 2014 My wife apparently officially moved out of the house this past Wednesday. She told me on Monday through a text that we are officially separated. I told her I haven't been served and she replied "you will". On Tuesday I opened a letter from out mortgage company. We are $8500 behind on our mortgage. When bought the house I had just started a new job two months prior. The loan consultant told us we would get a better rate if the mortgage was just in her name but my name would be included on the title. I can't call Chase and talk with them at all about the mortgage. We agreed we would split the bills. I took the mortgage as one of mine. I paid her cash most lyrics because I didn't ever order checks when I opened the account. I pretty much got used this last 8 months but I'm pretty much over the crazy pissed off mood. I found a apartment closer to work. This weekend I would like to move in. I'm worried that if I leave and turn off everything in my name (mostly utilities) if she tries to come back after I leave, she can get me for abandonment. She is right at 8 months behind on the mortgage, I'm surprised the bank let I go this long. Well it Thursday evening, almost Friday and I still haven't been served. Wanting to leave in two days but I'm worried her stating she was filing for separation was a hoax to get me to leave so she could file later under abandonment. If your name is NOT on the mortgage, the late payments will not be on your credit. Regardless if you are on title or not. In court, she will have 2 options, refinance the home (which she can't do since you are almost in foreclosure) or sell the house. If you credit and job history are stable....then you could possibly (and I stress possibly) into your name, but she would have to quitclaim off the deed. Worst case regarding the house, if it's foreclosed upon is you can move on and get into something else.....she will be in an apartment or renting. Link to post Share on other sites
Author Reknilp Posted July 26, 2014 Author Share Posted July 26, 2014 I though that I was ready for this. I have found out over the past few days that I guess it's not as easy as I though It was going to be. I feel like I almost need to admit myself to a nut house. I feel like I'm losing my mind. Link to post Share on other sites
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