What happens if my wife tries to sign over the house to the bank in middle of a divorce
3 attorney answers
File a motion to restrain her from violating the automatic TRO Rule 411, the automatic restraining order, or the court may permit filing of a contempt in order to seek fees. Although she may argue in the process that she is mitigating waste if the mortgage is in default.
1. You need a lawyer. This divorce is obviously not simple.
2. You need to get into court ASAP on a motion for temporary orders and seek orders to stop her from doing this, to decide who will have occupancy of the house while the divorce is pending, and how the house will get paid for while the divorce is pending.
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She would be violating a standing court order and you can ask for an emergency order from the court by filing a motion an emergency motion with an affidavit and with any documents to cease and desist from the sale of the house and it's belongings.
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