Does my ex husband have to pay half the mortgage?

Does my ex husband have to pay half the mortgage?

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 make my wife pay half the mortgage?

Yes, your ex will have to pay half of the mortgage if they are listed on the mortgage as you will be both equally liable to the mortgage lender and in the case of the mortgage being defaulted then the mortgage lender will come after the both of you for the mortgage balance plus any costs.

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.

How can I get my husband off the mortgage without refinancing?

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.

Should I refinance before or after divorce?

The benefit to refinancing before the divorce is finalized is that you both have skin in the game and it benefits both of you to settle the issue. After the divorce (especially in a nasty one) trying to get some cooperation from your ex on these issues can be harder to do.

Can my ex wife refinance the house without me?

Although you and your spouse may decide between yourselves that your spouse will no longer be responsible for the mortgage, that agreement doesn’t affect the lender. In other words, the mortgage lender can still come after your spouse for repayment unless and until you refinance in your own name alone.

What happens if I don’t pay my divorce settlement?

If your ex fails to pay child or spousal support he/she can be held in contempt and even thrown into jail. When it comes to paying debts, though, a judge can’t throw someone in jail for failure to do what they were ordered to do.

Can I sue my ex husband for damaging my credit?

Bottom line– no. There is no such tort as intentional ruining credit. Your family law attorney should have explained to you that an allocation of a community debt to one spouse does not change the liability for that debt to the creditor.

When your ex does not comply with your divorce decree?

If your spouse fails to abide by the divorce decree after your divorce is final, you could wind up without your rightful properties, child support funds, or alimony payments. Not only is this inconvenient and frustrating, but it could lead to serious financial hardship or issues with your children.