Marital Debts

[lhud12]

What is the name of your state (only U.S. law)? PA

I am currently going through a divorce. It has been filed and is waiting the 90 day period to be finalized. We have a house that was purchased after the marriage. The loan is only in my spouse's name. The deed is in both. When we seperated my spouse left and I stayed in the home and we continued to pay half each to the mortgage. Now my spouse has told me that I need to leave the home and that even after I do I will still have to pay half the mortgage. Will I really have to pay half a mortgage on a house i'm not living in and that the loan isn't in my name?

 

[mistoffolees]

What is the name of your state (only U.S. law)? PA

I am currently going through a divorce. It has been filed and is waiting the 90 day period to be finalized. We have a house that was purchased after the marriage. The loan is only in my spouse's name. The deed is in both. When we seperated my spouse left and I stayed in the home and we continued to pay half each to the mortgage. Now my spouse has told me that I need to leave the home and that even after I do I will still have to pay half the mortgage. Will I really have to pay half a mortgage on a house i'm not living in and that the loan isn't in my name?

Depends.

As far as the bank is concerned, you're not in the picture. Your spouse has an obligation to the bank to pay it and the bank would come after him, not you, if it isn't paid.

OTOH, as far as the divorce issues are concerned, you are both liable for half of marital debt and both entitled to half of marital assets. So the divorce court could easily demand that you pay half or reimburse your stbx if he pays the full amount. This is modified by the caveat that if one of you is living in the home and the other one isn't, the one living there could be held responsible for all of it, but you will both have moved out if you do what your stbx says, then that premise wouldn't apply.

Note also that your spouse can't make you move out-only the judge can do that. So you're perfectly free to stay put until ordered by the court. Of course, if you do stay, your spouse COULD ask that you pay the full mortgage.

The above complexity is why it's far better to work things out in a reasonable way between the two of you. There are too many unknowns if you get a judge involved.

 

[nextwife]

What is the name of your state (only U.S. law) When we seperated my spouse left and I stayed in the home and we continued to pay half each to the mortgage. . . .

Will I really have to pay half a mortgage on a house i'm not living in and that the loan isn't in my name?

You mean like he is?

Interesting that you think each paying half is perfectly fair when you are the sold occupant., but a ridicuous notion if it were he in the house.

If you wish to stay, expect to have to buy him out and refinance him off the loan.

 

[LdiJ]

You mean like he is?

Interesting that you think each paying half is perfectly fair when you are the sold occupant., but a ridicuous notion if it were he in the house.

If you wish to stay, expect to have to buy him out and refinance him off the loan.

However, the reverse also applies. If he is going to keep the home and live in it, then he will be 100% responsible for the mortgage.