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Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 33146
Experience:  30 years of real estate practice experience.
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If a married couple has a mortgage on a house and they get

Customer Question

if a married couple has a mortgage on a house and they get divorced, what happens with the house?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Loren replied 10 months ago.

Good evening. I am Loren, a licensed attorney and I look forward to assisting you.

If neither spouse can support the maintenance on the house then the parties can sell it and use the proceeds to pay off the mortgage.

The obligation to pay the mortgage does not go away just because the couple divorces.

The home could also be refinanced by one of the ex's if they wan to keep it.

Otherwise, the house and its debt are part of the property to be divided up between the spouses. It is usually settled between the parties and

Customer: replied 10 months ago.
while going through the divorce, the wife and 2 children "assume" they can live in the house. The husband has left the premises because she put a PFA in place. Who is responsible for paying the monthly mortgage payment until the divorce is finalized
Customer: replied 10 months ago.
Since the husband is not living in the house, who is responsible in paying for the utility bills?
Expert:  Loren replied 10 months ago.

Assuming they are both on the note and mortgage, they are both still liable for the payments.

The husband, even if out of the house is still liable for support payments for his family.

Expert:  Loren replied 10 months ago.

She can go to court to get interim support while the divorce is pending.

Expert:  Loren replied 10 months ago.

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