If I get divorce and the mortgage is in both of ournames, are weeach legally responsible to pay the mortgage until the house sells?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I get divorce and the mortgage is in both of ournames, are weeach legally responsible to pay the mortgage until the house sells?

We have only had the home for 2 years; but my husband just got military orders and we are going through a divorce. We are both legally responsible for the house payments until we sell, correct?

Asked on October 16, 2010 under Family Law, Florida

Answers:

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

Answered 10 years ago | Contributor

I am sorry for your situation.  Yes, you are correct.  If you are both on the mortgage then you are both equally responsible to pay the mortgage until either you refinance and place the house in one of your names if that is how you have decided or the court has decided to divide the marital asset, or until the house sells and the mortgage is satisfied.  This is assuming that there has been no temporary order of the court giving temporary occupancy and payment to one of the spouses.  If you are going through a divorce I hope that you have an attorney to help you. If you do not then I would strongly suggest that you seek legal help as soon as you can.  Especially if your husband just got orders and there is no court order about temporary support, etc.  Good luck. 


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption