If I get divorce and the mortgage is in both of ournames, are weeach legally responsible to pay the mortgage until the house sells?
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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 13 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.
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