I would like to sell the house and split the difference after the mortgage is satisfied. But the house and the mortgage is in my name alone and I plan to refinance to make the payments cheaper and satisfy the lien on the home.
My question is if the other party refuses to move out of the home once the divorce process begins what can be done?
(There should be a 6-7 month gap between the refinance and when I’ll be ready to start divorce proceedings)
Can I be stuck making payments on a mortgage for a house my children and I don’t live in?
*The children are mine from a previous marriage, there are no custody issues.
1) he can be forced to leave the home through a request to the family court on 2 weeks notice (and he will have his 30 minutes in court to respond) allowing you and the children to reside in the home. If the kids are yours from a previous marriage the judge will almost surely side with their interest in stability and consistency. If he does not leave after the order you can call the sheriff or file contempt.
2) it is highly unlikely that you will be both stuck with the house payment and also have to move out.
it might be best to start your planning for the divorce now and have the attorney draw up all of the papers and set the court hearing before you serve him: then serve him with everything at once so that there will only be 2 weeks prior to getting the home to yourself.
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