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Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.
Nothing changes when it comes to your obligations under the mortgage. If you are not registered and borrows the money you are both jointly and individually liable to pay the mortgage.
If the mortgage is not paid you will both have a default registered by the bank and if the bank take possession and sell it will chase both of you for the money. If one of you has nothing and is not working they will chase the other for the full amount.
You have an obligation under the mortgage to both pay.
If one pays the lost and the other pays nothing then in the court matter the one making all the payments would be seeking an adjustment form the date of separation.
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