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Oneonta, NY |

I'm going thru a divorce and unfortunately we have let the mortgage to our home go.. I have someone to pay off the entire mortgage note but I want my soon to be ex husband off the deed.. He is refusing to sign the papers unless I agree to half the child support allowed by law.. Is there any other way I can go about doing this so me and my kids don't loose our home

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Attorney answers 3


The court can order that the house be sold in the terms of the divorce judgement. It may be a situation where there will be no settlement and in that case you should be trying to have the case terminated by the court as soon as possible. Good luck.

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Unless it is ordered by the court you are left with a negotiation. However, your attorney may be able to file a motion granting you what is known as pendente liite relief - meaning relief for the duration of the trial. That could include a disposition of the house with a provision under which the husband retains a credit for a portion of the equity.

If you don't have a lawyer - get one. This isn't a good do it yourself project.

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As part of judgment, a court may order that the custodial spouse and the children live in the marital residence until the children reach a certain age. In your case, it seems that the bank will short circuit that option, even if it were to be so ordered. You might just keep paying the mortgage via the person who would pay it all off long enough to get awarded the house. It is unclear if there is any equity in the house to which your husband would be entitled at time of judgment, but he would get that. Your source then could be used to pay off the mortgage, and you would have ownership as a result of the judgment. Seeing that you are calling your spouse's bluff, he may give it up and settle instead of paying attorneys' fees for a losing cause. Discuss this with your attorney who should be your sounding board in such matters.

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