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Advice on Foreclosure and Divorce

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Mark Cappel
UpdatedMar 21, 2023
Key Takeaways:
  • Divorce and foreclosure are a tricky combination.
  • Consult with an attorney in your state to resolve complex legal matters.
  • An attorney's time is not cheap, but the alternative can be very costly.
My soon to be ex-husband is facing a foreclosure for which I have also received a notice. How will this affect me?

I have received summons for foreclosure for the house that my soon to be ex-husband owns (Florida). We live separately for 3 years, but still legally married. I have recently filed for divorce. the mortgage for the house was never on my name, but since we were married at the time of purchase, I had to sign the paperwork. What are the legal implications of this law suit for me, amd how can I prove that I have no relationship to this matter, or am I supposed to respond to this summons? Thank you.

The first matter that we would need to clear up is the nature of the response that I am about to give to you. You specifically asked me to detail the "legal implications" of this foreclosure lawsuit for you. I must make it absolutely clear that my answer is not legal advice, and that I cannot advise you concerning the "legal implications" of any situation regardless of how simple the issues may seem. Legal advice must be given by an attorney licensed by the state where the situation is unfolding. These rules exist to protect you, the consumer and layperson, from receiving and acting on inaccurate statements, purporting to be legal analysis, that may be operative in one state, but entirely inapplicable in your state or the state having jurisdiction of the matter.

If you are not represented by an attorney for this divorce you will probably want to at least have a consultation with a domestic relations attorney in your area. There are so many pitfalls and traps for the unwary in a divorce case, whether contested or uncontested, it would be unwise to try to file your own complaint and get your husband served without the required expertise relating to your state laws and your local court.

In regard to the foreclosure, you may be receiving the foreclosure summons as a presumed occupant, not because you are a party to the case. However, since I cannot see that document and am not licensed to practice law in Florida, I will not try to interpret the pleadings or complaint you received or tell you what action is necessary on your part to defend yourself in this case, other than telling you that you need to seek legal counsel as soon as possible, as the time allowed for a response, if needed, is limited.

I understand that hiring an attorney can be expensive, but given the complexity of your situation (foreclosure action with a pending divorce), you should hire an attorney as soon as possible to assist you in this matter. The Florida Bar Association can provide you with a referral to a qualified attorney—visit the attorney referral service at . If you cannot afford to hire an attorney, your local Legal Aid Society may be able to provide you with reduced cost representation, or at least tell you what legal resources are available in your area for people of modest means.

I wish you the best of luck in resolving these issues, and hope that the information I have provided helps you Find. Learn. Save.



Did you know?

Debt is used to buy a home, pay for bills, buy a car, or pay for a college education. According to the NY Federal Reserve total household debt as of Q4 2022 was $16.91 trillion. Auto loan debt was $1.55 trillion and credit card was $0.99 trillion.

A significant percentage of people in the US are struggling with monthly payments and about 26% of households in the United States have debt in collections. According to data gathered by from a sample of credit reports, the median debt in collections is $1,739. Credit card debt is prevalent and 3% have delinquent or derogatory card debt. The median debt in collections is $422.

The amount of debt and debt in collections vary by state. For example, in Nevada, 32% have any kind of debt in collections and the median debt in collections is $2054. Medical debt is common and 16% have that in collections. The median medical debt in collections is $806.

While many households can comfortably pay off their debt, it is clear that many people are struggling with debt. Make sure that you analyze your situation and find the best debt payoff solutions to match your situation.

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JJoe Heller, Aug, 2010
It's "affect", not "effect". "Effect" is a noun, "affect" is a verb.