Do both spouses continue to pay a mortgage during the divorce process?
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Do both spouses continue to pay a mortgage during the divorce process?
My husband and I purchased our home before we were married – we do have a prenup
in place regarding the purchase of the home and what was to become of it in the
event of separation before marriage, but it does not outline the process for how
it would be handled during divorce.
We have always paid 50/50 on the mortgage. However, since I have moved out he has
told me to stop paying since I am not living there.
If I do stop paying my half of the mortgage since I am no longer living there,
will that disqualify any of my rights to the home?
Asked on July 2, 2018 under Family Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Your divorce has NO bearing on your obligation to pay the loan, which is a contract between the two of you, on the one hand, and the bank or lender, on the other. If you are both on the mortgage, you are contractually obligated to pay the mortgage. While he cannot use your failure to pay against you in the divorce if he told you to not pay--though make sure it is documented that he told you to not pay; e.g. text message, email, etc.--if he defaults or fails to pay, the bank can sue *you*, too, for the loan, and your credit as well as his will be damaged.
And if you stop paying but it's not documented that he told you to stop and instead it looks like you simply unilaterally refused to pay, that can hurt you in the divorce, during the distribution of assets and determination of who gets to live in or get the home.
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