Does my husband have to pay half the mortgage if he leaves?

Does my husband have to pay half the mortgage if he leaves?

Does My Ex-Partner Still Have to Pay the Mortgage? You’re equally liable for the mortgage, even if the loan is based on one party’s income or one of you moves out. Your lender can pursue both of you either jointly or individually for the payment – plus any costs, legal fees or loss made upon any possible repossession.

Can I sue my ex wife for not paying the mortgage?

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If the decree states that she is responsible for the mortgage, then your recourse is to bring a contempt action against her and have the judge order payment. If she cannot afford to make the payments, then you should request that the judge order the sale of the marital home.

Can you be divorced and live in the same house?

Traditionally, when a couple decides to end their marriage, one of the first steps is for one or both spouses to find a new place to live. However, there are reasons why a couple may continue to live under the same roof even after deciding to divorce. In most states, divorcing couples are allowed to live together.

What happens if my ex stops paying the mortgage?

If you stop paying your mortgage repayments in full then your home could be repossessed by your mortgage lender. The other implications are that your credit score could be negatively affected that will have an impact on any future mortgage application, mobile phone contract or loan approval.

What happens to the mortgage if we split up?

Your joint mortgage will not change until you or your partner take action. This could be selling your home and splitting the money, buying out your partner or paying off the mortgage. If you plan to sell the home, both partners need to give written approval before you can put it on the market.

What happens if I can’t refinance after divorce?

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If you’re not willing or able to sell or refinance your home, your other choice is to keep the home and the mortgage intact. Both parties remain on the loan and liable for the payment. This requires specific language in the divorce agreement about who will make the mortgage payments each month.

Do I have to still pay the mortgage if we separate?

If you’re both named on the mortgage, you’re both responsible for the payments – including any arrears – even if one of you moves out. When you separate, you might be able to make other arrangements for paying it.

Can I refuse to sell my house in a divorce?

Yes. The court can make an order for the matrimonial home to be put on the market as part of the divorce settlement. These types of court orders are known as Property Adjustment Orders. They can require the immediate sale of property – or a deferred sale (eg after any children reach 18).

Can you force someone to sell their share of a house?

Selling a co-owned property or land can be stressful, especially when the other legal owner (s) disapprove the sale. Upon the granting of the order for sale by the court, the legal owner can force for the sale of the jointly owned property.