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Posted

When you divorce, how does it work when you have a joint mortgage loan? As far as the house itself and the payment goes I really don't care. I could take it or leave it. How does that work as far as the loan since it is joint, or does that vary depending on the state? I don't want to be ordered to move immediately with no time to plan. Also I don't want to be living under the same roof when I file because who knows what he may do when he gets mad about it. Should I go ahead and move out first before I file?

Posted

If you fear his reaction, yes, move out before filing and move out stealthily but decisively.

 

If you are both on the mortgage and neither of you can qualify for the mortgage on your own, or he doesn't want to keep the house and refinance, you will have to sell the house to pay off the loan as part of your divorce. He doesn’t have to agree to it. The Court will probably order it.

Posted

I would suggest consulting an attorney.

 

If safety is a concern, then yes, find suitable arrangements to tide you over til the judge decides the splitting of assets.

Posted

i have many children, i call them my orphans. i tell you this because if you have any stbe orphans, you might need a house.

 

 

most lawyers offer a free one hour consult. why not take some legal advice?

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Posted

Thanks all of you.

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