Separation Mortgage


My wife and I had been sharing household expenses prior to separation. I have been paying the bulk of the household expenses including the mortgage. She moved out, stopped paying the monthly household expenses she had been paying. I remain in the house. The mortgage is under her name solely, house is in joint name. Do I have to continue paying the mortgage and the monthly bills I had been paying?

Thank you.



You are not bound by the loan company to pay the mortgage as you are not listed on the loan, however the mortgage debt, even if listed only in your spouse’s name is a martial debt attached to what is likely one of the largest assets in the martial estate. I would suggest you do pay the mortgage to ensure the house is not eventually lost to foreclosure. You will be entitled to a credit for t he principal reduction made on the home from the date of separation to the date all of the property is divided.