If my husband andI are separated and he is still living in the house, must I continue to pay half the mortgage?
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If my husband andI are separated and he is still living in the house, must I continue to pay half the mortgage?
Waiting for the house waiting for it to sell.
Asked on April 12, 2011 under Family Law, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Your marital condition has nothing whatsoever to do with the mortgage obligations--the bank doesn't car if you're single, married, divorced, separated, annulled, etc. The total amount due under the mortgage must be paid; if it's not, the bank can foreclose and take the house, then potential sue for any additional balance due. If you're not on the mortgage (not a signatory), you could stop paying and allow whomever (your husband?) is on it to pay the full amount, though you take the chance that he won't and the home will be foreclosed (though if you're not on the mortgage, you can't be sued for any balance).
If you wish to adjust debts, obligations, distribution of assets, etc., you wish to divorce, in which case all these financial elements can be worked out.
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