If a married couple buys a home but only 1 on them is listed on the mortgage, are both responsible for repayment in the event of a divorce?

We bought a condo. Right now my husband doesn’t want to pay the mortgage anymore. Do we need pay mortgage together like before? Or since the loan is under my name, do I have to pay all by myself?

Asked on August 29, 2011 Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

But both you and he are listed on the deed, correct? So you are bearing all the financial responsibility but have to share in the profits, so to speak.  The general rule is that an asset purchased during the marriage or with the intent that the asset be marital property is considered marital property and is the responsibility of both parties, regardless of whose name is on the deed.  Yes, he should indeed continue to pay the mortgage on the property.  Maybe he would like to relinquish his rights to the condo if he does not wish to pay the mortgage.  I would seek legal help here as soon as you possibly can.  Good luck to you.  

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.