Mortgage Payments

What is the name of your state?
FLORIDA
We have small home. Mortgage under both names. Deed both names. Payment note IOU, husband only. Will I have to make mortgage payment or half of it or any of it when we divorce?

LoisR said:

What is the name of your state?
FLORIDA
We have small home. Mortgage under both names. Deed both names. Payment note IOU, husband only. Will I have to make mortgage payment or half of it or any of it when we divorce?

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**A: it depends on the instructions in your divorce decree and distribution of assets.

If the mortgage is in both your names, you are both liable to the lender. If your stbx stops paying the mortgage, the lender can come after you. You can then turn around and sue him for the amount you had to pay.

The only way to get yourself out of that responsibility it to have him refinance the property in his name only. I would not sign the quit claim deed (taking your name off the title) until your name is off the mortgage.