If my husband andI are separated and he is still living in the house, must I continue to pay half the mortgage?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my husband andI are separated and he is still living in the house, must I continue to pay half the mortgage?

Waiting for the house waiting for it to sell.

Asked on April 12, 2011 under Family Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your marital condition has nothing whatsoever to do with the  mortgage obligations--the bank doesn't car if you're single, married, divorced, separated, annulled, etc. The total amount due under the mortgage must be paid; if it's not, the bank can foreclose and take the house, then potential sue for any additional balance due. If you're not on the mortgage (not a signatory), you could stop paying and allow whomever (your husband?) is on it to pay the full amount, though you take the chance that he won't and the home will be foreclosed (though if you're not on the mortgage, you can't be sued for any balance).

If you wish to adjust debts, obligations, distribution of assets, etc., you wish to divorce, in which case all these financial elements can be worked out.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption