I am seeking legal advice. I married in Oct 2002, however, he resides in AL and I in GA. He would compute to GA on weekends. In Sept 2011, we separated. He said he’d continue giving me money at the rate he was, however, he cut it by two-thirds. ...

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I am seeking legal advice. I married in Oct 2002, however, he resides in AL and I in GA. He would compute to GA on weekends. In Sept 2011, we separated. He said he’d continue giving me money at the rate he was, however, he cut it by two-thirds. (now pays $1000 per month) He said that was all he could afford, but would make the house payment. I sold most of the belongings in the house to compensate the difference to pay my bills. In Jan 2012, he found out the house wouldn’t sell for what we owed, so he quit paying for it. Now it’s up for foreclosure. Now he refuses to give me any money. He has been my only source of income since 2005. I still do not have a job. There are no assets now but the business. He owns a home in Alabama (prior to our marriage). Do I have any recourse?

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DakotaLegal's picture

Yes, absolutely, you have

Yes, absolutely, you have options to act. When foreclosure hits, some people feel like giving up. The fact you are trying to find your best legal option shows good sense. With time running out, you need to look at several options, very probably beginning with bankruptcy (specifically, a Chapter 13 plan: http://www. bankrate.com/finance/debt/keep-house-with-chapter-13-bankruptcy.aspx). Let’s look at that in greater detail, after mentioning several options for affordable legal aid, too.
 
I’m not sure if you have tried to re-negotiate with the lender? There may be issues about owning the house, too, but right now, I’m thinking of your being the sole “owner” of the home. Frankly, many lenders actually prefer you to go into bankruptcy, since it often gives them better protections. That’s why we’ll talk about bankruptcy, right after considering some affordable legal service options for you.
 
Affordable Legal Options
 
You can try legal aid, which will help based on your income. If you are not currently working and receiving no guaranteed income, you are free to say you currently have no income, as far as their eligibility goes. Here’s a legal aid contact for bankruptcy… http: //www.georgia legalaid.org/issues/consumer-law/bankruptcy.
 
The other little-known secret about getting a bankruptcy (BR) lawyer is how your BR lawyer would get paid. Most BR lawyers are willing to include their fee in your BR plan. You will have to pay the filing fee upfront.
 
Please, keep in mind that even if you do not have the time to get a bankruptcy lawyer, consider filing by yourself. Depending on where you live, you might be able to do a credit counseling class and file within two (or sometimes even one) days. http://www .justice.gov/ust/eo/bapcpa/ccde/cc_approved.htm.You may even live in the part of north Georgia, in what is called one “of the best places for people to file for bankruptcy” in America: http://www.legalconsumer.com/bankruptcy/bankruptcy-court.php?ST =GA&FIPS=13121&FEDCT=GAN.
 
There are software programs to do a BR filing on-line…though some of these on-line services are truly awful. They may “guarantee” a filing, but what they really mean is they guarantee to refund your payment if the clerk rejects the filing.
 
Bankruptcy: Valuable Time, Listing Your Assets
 
The best way to keep the house (whether through BR or by negotiating with the mortgage holder) is to show you have an income stream. You can count a claim against your husband for income.
 
While showing zero income for legal aid eligibility is one thing, showing some source of regular money is vital in having a successful repayment plan in bankruptcy. Get as much assistance as you can to pay your bills…this may include food stamps, electrical subsidies through your local social services, or a start-up business on EBay, selling something. Here’s a “BR” case describing what may count as income… it an also be helpful if you have children, to use child support guidelines: http://www.legalconsumer .com/bankruptcy/bankruptcy-court.php?ST=GA&FIPS=13121&FEDCT=GAN.
 
Do You Have A “Separation Agreement” ?
 
I assume you have not filed for divorce, and currently have no separation agreement. You will want to prove that your husband promised to pay you $3,000 per month. It often makes sense to have different legal advise for different legal options (here, separation v. divorce and what type of BR?).
 
You will have some obstacles based on the differences in state residency. But the person who files first will have the best chance of showing their state is the best choice: and it seems you actually co-habited in Georgia, and not Alabama. And as with “BR” filing, you can start this process by yourself, too. Here’s a way to ask for your husband for maintenance, if you want to avoid a divorce right now: http://www.southern judicialcircuit.com/selfhelp/legalseparation/instructseparatemaintkids.pdf.

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DakotaLegal's picture

Yes, absolutely, you have

Yes, absolutely, you have options to act. When foreclosure hits, some people feel like giving up. The fact you are trying to find your best legal option shows good sense. With time running out, you need to look at several options, very probably beginning with bankruptcy (specifically, a Chapter 13 plan: http://www. bankrate.com/finance/debt/keep-house-with-chapter-13-bankruptcy.aspx). Let’s look at that in greater detail, after mentioning several options for affordable legal aid, too.
 
I’m not sure if you have tried to re-negotiate with the lender? There may be issues about owning the house, too, but right now, I’m thinking of your being the sole “owner” of the home. Frankly, many lenders actually prefer you to go into bankruptcy, since it often gives them better protections. That’s why we’ll talk about bankruptcy, right after considering some affordable legal service options for you.
 
Affordable Legal Options
 
You can try legal aid, which will help based on your income. If you are not currently working and receiving no guaranteed income, you are free to say you currently have no income, as far as their eligibility goes. Here’s a legal aid contact for bankruptcy… http: //www.georgia legalaid.org/issues/consumer-law/bankruptcy.
 
The other little-known secret about getting a bankruptcy (BR) lawyer is how your BR lawyer would get paid. Most BR lawyers are willing to include their fee in your BR plan. You will have to pay the filing fee upfront.
 
Please, keep in mind that even if you do not have the time to get a bankruptcy lawyer, consider filing by yourself. Depending on where you live, you might be able to do a credit counseling class and file within two (or sometimes even one) days. http://www .justice.gov/ust/eo/bapcpa/ccde/cc_approved.htm.You may even live in the part of north Georgia, in what is called one “of the best places for people to file for bankruptcy” in America: http://www.legalconsumer.com/bankruptcy/bankruptcy-court.php?ST =GA&FIPS=13121&FEDCT=GAN.
 
There are software programs to do a BR filing on-line…though some of these on-line services are truly awful. They may “guarantee” a filing, but what they really mean is they guarantee to refund your payment if the clerk rejects the filing.
 
Bankruptcy: Valuable Time, Listing Your Assets
 
The best way to keep the house (whether through BR or by negotiating with the mortgage holder) is to show you have an income stream. You can count a claim against your husband for income.
 
While showing zero income for legal aid eligibility is one thing, showing some source of regular money is vital in having a successful repayment plan in bankruptcy. Get as much assistance as you can to pay your bills…this may include food stamps, electrical subsidies through your local social services, or a start-up business on EBay, selling something. Here’s a “BR” case describing what may count as income… it an also be helpful if you have children, to use child support guidelines: http://www.legalconsumer .com/bankruptcy/bankruptcy-court.php?ST=GA&FIPS=13121&FEDCT=GAN.
 
Do You Have A “Separation Agreement” ?
 
I assume you have not filed for divorce, and currently have no separation agreement. You will want to prove that your husband promised to pay you $3,000 per month. It often makes sense to have different legal advise for different legal options (here, separation v. divorce and what type of BR?).
 
You will have some obstacles based on the differences in state residency. But the person who files first will have the best chance of showing their state is the best choice: and it seems you actually co-habited in Georgia, and not Alabama. And as with “BR” filing, you can start this process by yourself, too. Here’s a way to ask for your husband for maintenance, if you want to avoid a divorce right now: http://www.southern judicialcircuit.com/selfhelp/legalseparation/instructseparatemaintkids.pdf.