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How can I keep my husband from putting our house in foreclosure during our separation? I want the house.

Arlington, TX |

Been married 16 years. No kids. He would not leave house, so I left in October 2013. I am leasing a house. He moved in renters to our house to help him with mortgage. He is working with bank to catch up on payments. He informed me he would call bank to let them know he won't be making any more payments on house and let house foreclose. My Mom helped us get in that house. She is gone and I want my house back. How do I get house back or stop him for allowing house to go into foreclosure. I want to file on line for divorce. Funds not available for atty.

Attorney Answers 5


  1. You are going to need to file a Temporary Restraining Order attached with the Divorce Petition. A Temp restraining order and Divorce Petition will include such language addressing your problems. If you do not have funds, you should contact a legal clinic, Referral service, Texas Bar Lawyer Referral service or Legal Aide in Arlington. I would strongly advise you at consult with an attorney because of the time constraints that you have with foreclosure looming.

    This advice does not create an attorney client relationship. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  2. Frankly, if you can't afford an attorney, can you afford the house?

    Talk to some lawyers. It may cost less than you think. And you will need experienced representation.

    This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.


  3. If you cannot afford a lawyer, can you afford to make the house payments? Think hard about that. Remember the lender is not a party to the divorce suit. if you and your husband don't make payments, then the lender will foreclose unless you have a valid legal reason to stop it from the foreclosure.

    I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you would like to discuss this or other isues.


  4. It sounds like bankruptcy may be an option. You can talk to the place where you lease about breaking your lease, if you want to move back into the house and take over payments. If they won't cooperate you may just break your lease with them and deal with the consequences later. What is the situation with your renters? Are they month to month? Could you live with them? I don't see how a temporary restraining order is going to help anything. The Court can't restrain him from being broke. How can he unilaterally give away rights in the property that you both own? I don't think he can. Just stay in touch with the mortgage company yourself, and let them know you are separating and you want the house. The only thing a divorce court can do in terms of temporatry orders--unless you have other assets out there--is order him to leave the house and give you temporary possession of it. If you can afford the payments go for it. Confer with a bankruptcy attorney so you are clear on how that process would work if need be.

    This does not establish an attorney/client relationship


  5. The only way to prevent a foreclosure is to make the mortgage payments. Unfortunately, if your soon to be ex will not make the mortgage payments, the house will go into foreclosure. You should find a competent divorce lawyer or file a motion with the divorce court ordering him to make the payments or to move him out of the house and let you into it on the condition that whoever stays in the house, makes the mortgage payment.

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