If a husband moves out of the marital home is he stillresponsible for paying the mortgage and utilities?
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If a husband moves out of the marital home is he stillresponsible for paying the mortgage and utilities?
Does filing for divorce stop that legal responsibility? If not, what does?
Asked on May 21, 2011 under Family Law, Indiana
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
No it does not. Leaving the marital home does not alleviate you of your legal responsibilities. A mortgage is a contract the same as a lease between you and the lender. You and your wife can enter in to an agreement shifting the responsibility to one of the parties but remember: that does not alleviate you of your contractual obligations to the lender. That means that if your spouse defaults on their agreement with you, the bank will come after you as well as she in a foreclosure action. So you should consider refinancing the house out of your name. It may, though, accelerate the mortgage. Seek legal help. Good luck.
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