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My wife and I separated one year ago. She is paying the full mortgage. She makes more than me.
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Divorce Attorney serving Short Hills, NJ
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Diamond & Diamond, P.A.
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As part of a divorce matter, if the intent is to permit your wife to retain the home as her asset alone, you / your lawyer can require that she not only indemnify you for any liability in the event of a default on the payment obligation but that she be obligated to refinance the existing mortgage obligation within a specific period of time to remove your name from the obligation. That type of setting is routinely addressed by counsel in a divorce matter and made a part of a court order in a divorce or made a part of a divorce settlement agreement.
Answered on Dec 15th, 2020 at 7:30 AM