If a husband moves out of the marital home is he stillresponsible for paying the mortgage and utilities?

UPDATED: May 21, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: May 21, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If a husband moves out of the marital home is he stillresponsible for paying the mortgage and utilities?

Does filing for divorce stop that legal responsibility? If not, what does?

Asked on May 21, 2011 under Family Law, Indiana


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

Answered 11 years ago | Contributor

No it does not.  Leaving the marital home does not alleviate you of your legal responsibilities.  A mortgage is a contract the same as a lease between you and the lender.  You and your wife can enter in to an agreement shifting the responsibility to one of the parties but remember: that does not alleviate you of your contractual obligations to the lender.  That means that if your spouse defaults on their agreement with you, the bank will come after you as well as she in a foreclosure action.  So you should consider refinancing the house out of your name.  It may, though, accelerate the mortgage.  Seek legal help.  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 lock Secured with SHA-256 Encryption