Monday, January 14, 2008

Open Question: When property is in probate does the family have to continue paying mortgage payments?

My sis needs help with formulating a plan.
Husb is a high-functioning alcoholic. Maintains job as he drinks after work and somehow is fully recovered by 6 am. Works hard and is respected at work.
Keeps his own money. Sis pays all bills, mortgage, insurance, food. She is a nurse and makes little money. Hence, husb has money saved, and she does not. (She has tried to get him to contribute.)
House is in both of their names. Mortgage is in his name. Small amount of equity in the house.
She left him a year ago and set up an appt. She stopped paying the mortgage, etc. and he had to to keep the house.
Long story short: He promissed to change. Wrote love letters. Went to counseling. He did stop drinking/ did AA.
Sis went back home. Relationship was OK for 4 mos. Declined after 6. Started getting cold and angry.
He told her last night he's DECIDED to start drinking again b/c he's not happy dry.
She can't deal with drunk sexless dud on the couch, & needs a plan for how to leave him. A step by step plan for how she should leave is greatly appreciated.
Advice pls from people who have successfully done this in the past.

(Now i know why people's questions read so poorly. They only give you a limited number of characters. Sorry if it's difficult to follow!)

Thank you all SO MUCH!!!!! 3 adopted kids (her kids, he adopted)
2 are legal adults (18 and 20)
1 is 17 and starts college in August. Thanks Chels
By step by step plan, I mean she doesn't know what to do, or what to do in what order.
All she did before was temporarily move out, not the ultimate split.
Also, she doesn't even have a dime for a lawyer. Do they take on consignment?
She'd be happy to walk away, but has no $$ for appt down payment, etc.
He bleeds her dry of $$.
Thanks for any help and advice.

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Open Question: When property is in probate does the family have to continue paying mortgage payments?



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