CanI take ex-wife to court for not paying the mortgage?

UPDATED: Aug 2, 2011

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CanI take ex-wife to court for not paying the mortgage?

My ex-wife was awarded the house in our divorce. She is responsible for the mortgage payment. However she is not paying it on time and is hurting my credit. She couldn’t refinance at that time and the mortgage is still in my name only.

Asked on August 2, 2011 Connecticut


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

This is probably the most common after divorce event that occurs.  It is very dangerous for the spouse who is still on the mortgage to walk away.  Deeding over the house does not relieve you of your responsibility to pay the mortgage and to pay it timely.  The mortgage lender is not a party to your divorce action so they are not bound by the agreements made.  You can take her to court for breaching the agreement between you. Is she not paying at all or just paying late?  There is a difference.  I would suggest speaking with your attorney to figure out how best to approach this. Maybe a modification. Giving her the house was based upon a distribution of all assets.  It has to be viewed in light of the whole agreement. 

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