separation? divorce? our home?

[srbrtsn]

My wife and I have been married for a little over 13 months. In June we closed on our first home, a week ago she told me, without explanation, that the marriage was over and she would be leaving. Where do I go from here legally? What happens in regards to our home (we both share the mortgage)? She says she has no desire to have anything to do with the house and she wants to get a lawyer to draft some contract that keeps her name on the mortgage but excludes her from any financial responsibility or eventual profitt from sale. Is this possible? Should she have any responsibility for the mortgage payments? What is my next step?

 

[irish223]

My wife and I have been married for a little over 13 months. In June we closed on our first home, a week ago she told me, without explanation, that the marriage was over and she would be leaving. Where do I go from here legally? What happens in regards to our home (we both share the mortgage)? She says she has no desire to have anything to do with the house and she wants to get a lawyer to draft some contract that keeps her name on the mortgage but excludes her from any financial responsibility or eventual profitt from sale. Is this possible? Should she have any responsibility for the mortgage payments? What is my next step?

Your next step is to get a lawyer to be sure that you are protected. If you're getting divorced and you want to keep the house, you will have to assume responsibility for the payments and have the house refinanced in your name only. If not, then you can request that your wife share the responsibility of the mortgage until the house is sold.

As far as the validity of a contract relieving her of responsibility for the mortgage, that won't fly with the mortgage company. Until the house is refinanced or sold, she has a legal responsibility to the mortgage company.