We are currently 3 months behind on our mortgage payments and have been separated for 6 months. My husband is refusing to cash in $70K in stock to help pay the monthly mortgage. Can a judge order him to sell his stock?
Yes, a judge can order a party to pay from his or her assets, especially where non-payment is likely to diminish the value of the marital residence, which is most often a significant asset of the marriage. Of course, the specific facts of the situation will determine whether your attorney advises a Motion (perhaps filed on an emergency basis) for an Order compelling sale or a Complaint for Contempt with such a Motion. Assuming that the Temporary Orders require your husband to pay the mortgage, a Complaint for Contempt may be in order. Is the house “under water”, where the mortgages’ value exceeds the selling price of the house in the current market? Will sale of the stock represent a good return on that investment, or is the share price currently depressed? As you are three months behind in payment, have the mortgage holders began foreclosure proceedings? If your husband’s behavior amounts to contempt of court, he will be ordered to pay your attorney’s fees if the issue requires an adversarial proceeding in court. If you are not represented by counsel seek counsel immediately.
Quincy divorce attorney Bruce Watson has established a reputation for obtaining favorable results for his clients. Serving the Boston South Shore region, Norfolk County, and Plymouth County including Braintree, Bridgewater, Brockton, Cohasset, Dedham, Duxbury, Hanover, Hingham, Marshfield, Milton, Needham, Norwell, Norwood, Pembroke, Scituate, Quincy, Wareham, Wenham, Weymouth.