Can the judge order my wife to make the mortgage payments until we can sell the marital home?

Question: 

Can the judge order my wife - who makes a ton of money - to make the mortgage payments until we can sell the marital home? I want to do everything to save my credit and she threatens to not make payments and just abandon me and the house.

Answer:

First let me preface my answer by stating that I am not licensed in the state of Florida, although Cordell & Cordell does have attorneys who are licensed in Florida who would be willing to discuss your case with you. 

You will find that Judges have very broad powers when it comes to divorce and who will pay what bills, especially during the process of a divorce. In most states, Courts will enter status quo orders whereby the parties are required to continue to pay the expenses just as they always have until the Court issues its final decision.

If Florida does enter these status quo orders and your wife historically paid the mortgage, then it is more likely than not that the Judge would require her to continue to make these payments. You should consult an attorney in your jurisdiction for specific advice to your question.

Jason Bowman is an attorney in the Louisville, Kent., office of Cordell & Cordell. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.

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