Can I sue my ex wife for not paying the mortgage?

Depending on the unique circumstances of your situation, the court may be able to order the property sold to pay off the mortgage, but this is unlikely if your ex is living in the home. If the divorce court cannot help you, you can sue him in a new lawsuit for the damage that he is causing you.

What happens if I stop paying mortgage during divorce?

If both of your names are on the loan, you are both responsible for the payments. Late payments or missed payments will appear on both your credit reports. Once a divorce is finalized, the partner keeping the house transfers the loan to his/her name. To separate a mortgage, he/she will have to refinance.

Can a spouse stop paying mortgage?

If Your Spouse Isn't Paying the Mortgage

If your spouse simply stops making mortgage payments, it's a problem that you should address immediately with your dedicated divorce attorney, who may need to file a motion with the court.

Can you sue an ex-spouse for ruining your credit?

The answer to your question is “Yes”. You may sue your ex-husband for acts and omissions during the marriage and PERHAPS even after the marriage (or date of legal separation) which led to credit damage of your personal name. This type of case has been sued upon over and over again.

Does my husband have to pay the mortgage if we divorce?

When a divorce occurs, regardless of what the divorce decree says, both spouses remain legally responsible for paying the creditor if both names are on the loan. That means even if you -- and the court -- agree that your ex should take over mortgage payments, the creditor could come after you to collect.

What happens when ex husband does not pay mortgage on marital home?

Can my ex refuses to pay mortgage?

Your lender has the right to chase both parties, either jointly or individually, for payments - plus any costs, legal fees or loss made upon any possible repossession. Any refusal to pay the mortgage will impact your ex-partner's credit file as well as yours.

Can my ex force me to pay half the mortgage?

Can I force my ex to pay half the mortgage? If your ex is named on the agreement with the lender, they have a legal obligation to pay half the mortgage. If your ex chooses to stop paying, there are some steps you can take. You can put a request in writing to your ex.

Can I sue my husbands ex-wife for emotional distress?

While the Court dismissed the father's complaint for intentional and negligent infliction of emotional distress, the Court did announce that one spouse can sue the other spouse for emotional distress. However, the underlying conduct must be consistent with the definition of the alleged tort.

What can you sue your ex for?

Can I sue my ex-wife for defamation of character?

You can sue your ex-wife, ex-husband, or anybody who defamed you. Your ex must have made slanderous statements against you, incurring sufferable damages: If they claim that you were physically abusive, for instance, and you can prove that you were not, there may be grounds for a case.

Who is responsible for mortgage after separation?

Ideally, spouses either agree to sell their home or refinance their mortgage so that only one person's name is on it. That former spouse is then responsible for making the mortgage payments each month.

Does my ex have to pay half the mortgage and child support?

Married: If you are married to the child's parent then it does not matter who owns the family home. If the child support does not cover the mortgage payments and household bills, your ex-spouse could apply for spousal maintenance.

Can I force my ex to take my name off the mortgage?

You usually do this by filing a quitclaim deed, in which your ex-spouse gives up all rights to the property. Your ex should sign the quitclaim deed in front of a notary. One this document is notarized, you file it with the county. This publicly removes the former partner's name from the property deed and the mortgage.

Do I legally have to pay half the mortgage?

Both parties are equally liable to the mortgage lender and therefore should there be any pause or default in the monthly mortgage repayments, the lender would be in touch with both parties.

Can I sue for emotional distress?

To prove a psychological injury you must be able to show that you suffered a quantifiable psychological injury as a result of someone else's negligence or failure while in their duty of care.

Can u sue your ex for emotional damage?

The courts recognize emotional distress as a type of damage that can be recovered through a civil lawsuit. This means you can sue someone for emotional trauma or distress if you can provide evidence to support your claims.

What do you do when your ex partner owes you money?

Can I sue his ex wife?

In general, yes you can sue. Whether you will be successful or the judge will toss your case out of court is a different question altogether. You may also be required to pay for your ex's lawyer for filing a frivolous lawsuit.

Can I sue my ex for PTSD?

Fortunately, the law in California recognizes that fact and allows victims to recover for their mental anguish or emotional suffering. So when people ask us, “Can you sue for emotional distress in California?” the answer is yes.

Can I sue the person who cheated with my husband?

If your husband cheated on you in California, the law supports your right to file for divorce and handle the matter in court without the burden of proving the adultery. While you may not be able to sue the person they cheated with, you can still file for divorce and custody rights after your husband's affair.

What happens if one person leaves a joint mortgage?

A joint mortgage means you're both liable for the mortgage debt until it has been completely paid off - regardless of whether you still live in the property. If you miss a payment or fall behind on payments, it will negatively affect your credit score, and that of your ex-partner.

Can I sue my ex for mortgage payments?

Depending on the unique circumstances of your situation, the court may be able to order the property sold to pay off the mortgage, but this is unlikely if your ex is living in the home. If the divorce court cannot help you, you can sue him in a new lawsuit for the damage that he is causing you.

Does my ex partner have to pay the mortgage?

Paying your rent or mortgage

You or your ex-partner will need to pay your next few mortgage or rent payments, even if you plan to leave - work out your options in the long term. Work out your budget online to see if you can afford the rent or mortgage, and where you can make savings.

Can you just walk away from a mortgage?

Three of the most common methods of walking away from a mortgage are a short sale, a voluntary foreclosure, and an involuntary foreclosure. A short sale occurs when the borrower sells a property for less than the amount due on the mortgage.

How do you get your name off a mortgage in a divorce?