QUESTION
Is ex husband responsible for paying half the mortgage?
Asked on Dec 01st, 2013 on Divorce - California
More details to this question:
We are divorced. Husband was living in house and then left. Title and mortgage are in both names. Isn't he responsible for paying half the mortgage?
10 ANSWERS
That would depend upon what is in the settlement agreement between the two of you. If there is no settlement agreement yet, the mortgage must be paid and if he does not pay his share,
Answered on Dec 03rd, 2013 at 8:35 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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What does the divorce decree say?
Answered on Dec 03rd, 2013 at 8:35 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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The language of the Final Judgment controls.
Answered on Dec 03rd, 2013 at 8:34 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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It depends upon your divorce judgment.
Answered on Dec 03rd, 2013 at 8:33 PM
Bruce Provda
He is, but take note that the bank will come after you for all of it if he is not paying.
Answered on Dec 03rd, 2013 at 8:32 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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He is responsible for paying only what he was ordered to pay in the divorce. The question would be who was required to pay it under the terms of the Decree.
Answered on Dec 03rd, 2013 at 8:32 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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What does your decree or property settlement document say about that? As to the bank , each of you is responsible for the whole.
Answered on Dec 03rd, 2013 at 8:28 PM
Usually the person living in the house is responsible for the mortgage because it would cost the same (or more) to live outside the house and pay rent. If he makes substantially more than you do, apply for an order for spousal support with your local court to help defray your expenses. If there are children involved, apply for child support if they are living with you.
Answered on Dec 03rd, 2013 at 8:28 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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Read the order - it should say who is to pay the mortgage. The orders related to the divorce cannot alter the rights of the creditors; therefore, the mortgage company has the right to sue both of you if the mortgage is not paid. I suggest you hire a lawyer.
Answered on Dec 03rd, 2013 at 8:27 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Who got the house in the Judgment of Divorce? That is the person who is responsible for the mortgage.
Answered on Dec 03rd, 2013 at 8:27 PM