Separation and the home

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Separation and the home

If I leave my husband and the home we share, am I still responsible for mortgage payments on the home?

Asked on May 8, 2017 under Family Law, Kentucky

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It depends. Whose name is on the mortgage? If it is yours or yours and your husband's and neither you or your husband pay it, then you will default on the loan and the home will be forclosed on. This will not only effect your credit, you may also be liable for the "deficiency", if any (that is the amount that still owed on the morgage if the sale price does not cover cover all), as well as potential tax consquences on the amount of the loan that you don't pay back. Further, if you own your home and it is in your name or held jointly, you have a legal responsibility to continue to pay any other expenses for the home which are in your name. If your husband can't financially maintain the house or doesn't want to, you can always look into other options. These might include both of you moving out and either renting the house until you can come up with a permanent solution or selling it outright. Note, you can sell the house even if your husband does not since, as a part-owner, you can force a sale via a legal remedy known as an action in "partition" (or a "sale in lieu of partition"). You will need to go to court for this so you should consult directly with an attorney as to bringing such an action.


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