That issue should have been addressed in writing in your Separation Agreement when you were divorced. You need to review it and the decree.
All financial matters between the parties should be addressed in that agreement. If the mortgage wasn't addressed then you are each equally responsible for payments. If the payments aren't made and the loan goes into default the bank will foreclose and take possession of the property. That means if your ex-spouse isn't helping with the payments the responsibility to make the full payments falls on you or you will lose the house.
You should call the attorney who represented you in the divorce and ask them what to do.
The options include: stop paying the mortgage and let the bank repossess the house; pay the entire mortgage yourself; divorce the spouse and move out; divorce the spouse and stay, while your spouse moves out; find out why your spouse refuses to pay half of the mortgage and see if some agreement can be reached; seek cheaper housing; go on an extended backpack tour of Europe; enlist in the army. That's about it.
That will depend on the separation agreement. Or it will be specified in the divorce agreement.
No.
YES
They are entitled to half of your 401k assets.
You can get half of your spouse's retirement and 401K as it stands at the time of the divorce. You cannot get anything accrues after the divorce.
No. Because it is the persons case based on their work history
There is no need to sue your spouse, but you do have the right to file for divorce and in some states half of what he owns will go to you if you have the right lawyer. The person your spouse is having the affair with can be named as to the reason you are applying for a divorce. It would be wise of you to seek legal counsel to see what your options are.
Yes. If you are married and your spouse has bad credit, you inherit that bad credit and depending on the state, you can inherit half the debt if you divorce. * No, debts incurred before marriage do not affect a new spouse's credit report even in CP states. Problems could arise however, if the couple apply for a joint line of credit such as a mortgage.
Yes, a spouse can refuse to contribute financially and still get half in a settlement depending on a couple of factors. The first is how long you have been married and the second is what state you reside in.
It is my understanding that if both are on the mortgage, you must refinance so that you are both not held liable for the balance. If still on the note the other person would not be able to qualify for another house, car, etc. without that being considered as part of their debt.
Because of California being a community property state, the non-titled spouse would still be entitled to one-half of the property. The other half could be willed to the surviving spouse.