How should I protect myself now that my wife is moving out and will no longer contribute to the mortgage?

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How should I protect myself now that my wife is moving out and will no longer contribute to the mortgage?

In the last month my wife told me she is leaving me for some one else. We have no children but have a house in both our names. She told me today she’s moving out in 3 weeks and will not share in paying the mortgage. She says if she’s not living there she’s not paying. I’m not sure I can carry the mortgage alone but will try. What should I be doing to prove and protect the fact that I’m paying alone?

Asked on August 7, 2011 New Jersey

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your situation.  Your wife is wrong: just because she is leaving the home does not mean that she is not still responsible for the mortgage payments, the taxes, the utility bills, etc. And should you default and not be able to pay the mortgage, the lender will come after has as much as they will come after you.  I think that you should seek help from an attorney on this matter as soon as you can.  You need to determine a date certain that she left and that you are carrying the property alone.  You need to figure out what to do about the house before it is too late.  Good luck. 


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