Paying The Marital Home If Both Parties Named On Mortgage?

Question:

My question deals with marital home mortgage responsibilities during a divorce.

My wife wants to move out of the marital home, which has a mortgage with both our names on it.

Since we are both named on the mortgage, is my wife still responsible for her half of the payment even if she moves out?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on New Jersey paternity laws where I am licensed to practice.

A spouse who moves out of the marital home who is named on the mortgage remains legally obligated to contribute toward the mortgage.

I do not know whether you are financially capable of carrying the mortgage and household expenses on your own in the event your wife fails to contribute once she moves out of the marital home. You and your wife need to discuss your options regarding the house before she moves out. If you cannot afford to carry the mortgage on your own, you may need to sell the home.

In my state, if your wife moved out and refused or stopped contributing towards the mortgage payment, you could file a motion with the court to compel her to pay half the mortgage.

Depending upon the financial circumstances of the parties, you may also be entitled to request that the court order your wife to contribute toward the carrying costs affiliated with the home (e.g., taxes, utilities, etc.).

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including New Jersey Divorce Lawyer Christine A. Dolan, contact Cordell & Cordell.

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