Separation Mortgage

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

My wife and I had been sharing household expenses prior to separation in a largely unequal division. I have been paying the bulk of the household expenses including the mortgage. She moved out and stopped paying the monthly household expenses she had been paying, like the electric bill and the water bill. I remain in the house. The mortgage is under her name solely, house is in joint name. Do I have to continue paying the mortgage and the monthly bills I had been paying?

sparks88 said:

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

My wife and I had been sharing household expenses prior to separation in a largely unequal division. I have been paying the bulk of the household expenses including the mortgage. She moved out and stopped paying the monthly household expenses she had been paying, like the electric bill and the water bill. I remain in the house. The mortgage is under her name solely, house is in joint name. Do I have to continue paying the mortgage and the monthly bills I had been paying?

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Generally the person who remains in the house is responsible for the mortgage and bills associated with the house. If you don't want to be responsible for those you could have moved out instead.

sparks88 said:

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

My wife and I had been sharing household expenses prior to separation in a largely unequal division. I have been paying the bulk of the household expenses including the mortgage. She moved out and stopped paying the monthly household expenses she had been paying, like the electric bill and the water bill. I remain in the house. The mortgage is under her name solely, house is in joint name. Do I have to continue paying the mortgage and the monthly bills I had been paying?

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Do you HAVE to? No. Until there's a court order saying that you are responsible, you don't need to do it. And since your name isn't on the mortgage, it won't affect your credit. It's possible that she could sue you to make you pay per your agreement and just maybe a court might buy her argument (it would be a lot less expensive for her to get caught up on electric and water than for you to get caught up on the mortgage), but I don't think it's all that likely. Rather, she very well might get an order for you to pay going forward.

Should you? Probably - you're getting the benefit of the house, so you should be paying it.

Ultimately, you need a court order in place saying who is responsible for what - especially if she's not going to keep her part of the bargain.

mistoffolees said:

Do you HAVE to? No. Until there's a court order saying that you are responsible, you don't need to do it. And since your name isn't on the mortgage, it won't affect your credit. It's possible that she could sue you to make you pay per your agreement and just maybe a court might buy her argument (it would be a lot less expensive for her to get caught up on electric and water than for you to get caught up on the mortgage), but I don't think it's all that likely. Rather, she very well might get an order for you to pay going forward.

Should you? Probably - you're getting the benefit of the house, so you should be paying it.

Ultimately, you need a court order in place saying who is responsible for what - especially if she's not going to keep her part of the bargain.

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I will add one more thing. Even though he isn't on the mortgage he is on the dead. Therefore even though he is not on the mortgage, he does have an asset to protect.

LdiJ said:

I will add one more thing. Even though he isn't on the mortgage he is on the dead. Therefore even though he is not on the mortgage, he does have an asset to protect.

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Yes, but paying the mortgage doesn't help him to protect his money. Even if 100% of the payment went toward principal, he'd only get 1/2 back when the property is sold. In reality, most of his payment would probably go toward interest and the remainder would be split.

mistoffolees said:

Yes, but paying the mortgage doesn't help him to protect his money. Even if 100% of the payment went toward principal, he'd only get 1/2 back when the property is sold. In reality, most of his payment would probably go toward interest and the remainder would be split.

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Yes, but he gets nothing if the house is foreclosed upon. Of course, he is also getting housing in exchange for his payment as well.

If you cannot afford it on just your income, perhaps get a roommate? Put it on the market? Get a court order for it to be listed and sold? People need to stop burning their lenders just because they don't like the person they chose as their coborrower anymore. It's a a ridiculous approach and irresponsible. They are not a party to your relationship, and people need to stop feeling that they have an entitlement to "move on" whenever they don't want to be with someone, if doing so is at a third party's expense!

Wife made a promise to her lender to repay them. Moving out does NOT remove her PERSONAL financial responsibilty to make certain that her mortgage is covered and paid. And moving out doesn't take away her responsibility to kick in whatever is needed to get that mortgage covered and paid.