What happens to mortgage during divorce?

What happens to mortgage during divorce?

Often, one spouse will remain in the home. The divorce agreement will then spell out who is responsible for paying the mortgage. “Your mortgage lender will not care about your divorce decree. Your divorce decree will in no way resolve you of responsibility for a jointly acquired mortgage loan.”

Who pays mortgage during separation?

Most commonly, if you remain living in the home, you should pay the mortgage and expenses for the home, pending sale. Your ex-partner, who has moved out, may not be able to make their income stretch far enough to pay their own rent and living expenses as well as contribute to expenses for the marital home.

How do I get my ex wife off the mortgage?

You usually do this by filing a quitclaim deed, in which your ex-spouse gives up all rights to the property. Your ex should sign the quitclaim deed in front of a notary. One this document is notarized, you file it with the county. This publicly removes the former partner’s name from the property deed and the mortgage.

What happens if my ex stops paying the mortgage?

If you stop making the mortgage payments as a result of a relationship break-up, your lender will hold both of you liable and can pursue both of you for any arrears. The fact that one of you may have continued to pay ‘their’ share of the mortgage does not affect this principle.

What happens if I can’t refinance after divorce?

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.