What can I do?

[Bev]

Hi,

This is my first time writing. I am a mother and my daughter is going thru a divorce, she had to leave her home because of the bad experience she had with her husband. She is now very sick and haven't work for over 2 weeks. She told her husband that she is not able to pay the mortage and that they should think of renting the house. He went alone with it, and rent an apartment and will be moving out the end of the month, but wants to do the renting all by himself he doesn't want her to have anything to do with it. My question to whoever can answer this for me, Is it Legal to go in and change the locks if he is still paying the mortage?? or should i wait for him to stop and then do the changing of the locks and I start paying the mortage for my daughter, you see I was the one that Loan them the money to for the down payment for the house. Althought it is in both their names I do not want me daughter to have problems with her credit because of that.

[bubble]

I am not a lawyer, so if I were you I would seek more professional advicxe on this one.

As the property is legally owned by both parties, I would suggest that this would be illegal if one owner does not consent.

[Bev]

Thank you for your reply, I will hold off on changing the locks for now. But I know he will not be paying his share of the mortage.

[Isitoveryet]

Bev, I too am going thru what is becoming a very nasty divorce. I was with him for 15 years - but that will be for another post.

You don't mention what state you live (I am new to posting and this site), but I live in N.C. which is an "equitable distribution" state. Did he own the residence prior to marriage? Is she on the deed of trust or the mortgage? If they bought house together both accepted responsibility of morgage payment while they were married, N.C. Real Estate laws and divorce means that is residence is maritally owned - the correct term is Joint Tenancy, even though mortgage most likely was executed by both parties, that ole cliche states "One to buy, Two to sell and as a general N.C. rule, banks will make sure wife and husband are responsible for repay of mortgage payments. If he moved out the residence she (at least in N.C) can absolutely change the locks. Also in N.C. the day a spouse leaves the marital home is the official separation date. I have run across many helpful websites looking for state divorce law and I hope you find some answers. Just search under your state divorce law.

Residence remains a marital asset until settlement agreement is executed. I hope your daughter has an attorney.

I know waaaay too much about this crap. He cannot take sole control of house. If you or she would like to chat with me, please feel free to do so.


Best to your daughter in this painful sad life trauma. Hope some of this helps.

[Bev]

Thank you so much Isitoveryet, I do appreciate your answer and yes I would love to speak to somone that has some knowledge on this subject. I am in Canada sorry i forget to mentioned it, although I know the Law is different in the States I am glad to be able to get some info on this. Please let me know how i can get in touch with you, as you see I am new to this forum and do not know how to do this correctly. Thank you so much again. Bev

[luciz]

I do not know which province you are in Bev, but, in Ontario, your daughter can go to a lawyer, and start a legal separation. If she is scared that her husband can hurt her, whether physical or emotional, she can take over the house, and actually have him removed! Then she can change the locks. I have seen how some couples have had their home lost due to faulting on the morgage.
It could cost a bit to have the lawyer involved, but in the end, it will save her many headaches to come.
Brightest of Blessings

[Bev]

Thank you for that info. I am in Alberta, do you know what the Law for Alberta is?? yes i am thinking that we should get a Lawyer, we are monitoring the mortage payment and will make sure that it will not be late whether he pays his share of it or not. Any info is greatly appreciated, God Bless.