Family Law Questions? Ask a Family Lawyer Online.
If her name is XXXXX XXXXX mortgage, then she is jointly responsible for paying. This has nothing to do with the divorce, because the lender is not part of the divorce action.
However, a nonworking spouse may be entitled to spousal support/maintenance/alimony to maintain the marital standard of living. So, even without a job, the husband may have to pay your daughter support.
Hope this helps.
Terms and Conditions: By your continuing in this conversation with me, or by your clicking “Accept”, you are expressly agreeing to all of the following: (1) our communication is for entertainment purposes only; (2) you are not consulting me in my professional capacity as an attorney; (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises (and you may not use our communication to avoid taxpayer penalties imposed by the U.S. Dept. of Treasury); (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf, but rather is made in genuine admiration and respect for my desire to help others. If you do not agree with these terms and conditions, then you must advise me immediately.
If her name is XXXXX XXXXX mortgage, then the property may be sold without her consent. If her name is XXXXX XXXXX (i.e., the "deed"), then it cannot be sold without her consent. Generally, one of the first things that a party requests during a divorce is for the court to restrain either party from disposing of any property until further orders of the court. Family courts universally grant such requests, because otherwise a party can run off with everything before the court can decide who gets what.