We’re behind in our mortgage, can a judge order husband to pay?

Additional Information:

My husband and I have been married for almost ten years, residing in Stoneham MA with our 3 children.  We’ve been separated for the past 6 months and we are currently 2 months behind on our mortgage payments. My husband is refusing to cash in $85K in stock to help pay the monthly mortgage. Can a judge order him to sell his stock?

ATTORNEY ANSWER:
If you have not started a divorce action, complaint for divorce and motion for temporary orders, a judge would not be in a position to issue an order forcing your husband to sell his stock and help pay the mortgage. If you have filed these documents or pleadings as we attorneys call them, then a judge would be able to make orders about currents debts, monthly expenses, child support, health insurance continuation and spousal support, if appropriate. These “temporary orders” are thought to keep the family in a status quo situation until a hearing on all the issues takes place.
I suggest you move quickly because lenders generally move the matter along to a foreclosure track when mortgage payments are over 90 days due. You should be proactive and contact your lender to let them know about your situation.

The Stoneham, MA Divorce and Family Law attorneys at Baron Law & Mediation provide legal services to individuals and families throughout the Greater Boston region including Essex County and Middlesex County and the cities and towns of Andover, Beverly, Billerica, Boxford, Burlington, Chelmsford, Danvers, Essex, Georgetown, Gloucester, Groveland, Haverhill, Ipswich, Lawrence, Lowell, Lynnfield, Marblehead, Melrose, Methuen, Newbury, Newburyport, North Andover, North Reading, Peabody, Reading, Salem, Saugus, Stoneham, Tewksbury,  Topsfield, Wakefield, Wrentham, and Wilmington, Massachusetts.

Baron Law & Mediation, LLP

Stoneham MA Divorce and Family Law Attorneys
800 Turnpike Street, Suite 300
North Andover, MA 01845

Phone: 978.674.8530