Who pays the mortgage if one moves out


If we separate, and I move to an apt, am I still responsible for part of the mortgage? Both names are on the note…but he makes way more than I do…I could not afford to pay rent and part of the mortgage…and can’t pay the mortgage on my own.
Thank you!


Not an attorney…
I had the EXACT same problem!!!
II went to an apt, he stayed in the house, he also thought that i should pay half, like you, i got an apt, and no way could i pay my rent and 1/2 the mortgage and he knew that, and again like you, he makes way more money than me.
we sold it,he did not pay anything on the mortgage the last 2 mos waiting for closing…my name was he only one on the Loan so it all went against MY credit, not his…

I don’t really know what the answer is? Probably something you and him have to agree on…if mortgage payments are not made on time, or in full, they won’t apply it ,and you will have late fees which goes against your credit, and his too.

Maybe you need to get a seperation agreement and say that if he lives in the house, he has to pay the mortgage…
My drama is over now,but I’m anxious to read what an attorney will say.
God luck


Regardless of who lives in the house, you still have an obligation to pay the debt on the property if your name is associated with the loan. In an ideal world, he would take the responsibility since he is the party living in the residence, but if he doesn’t pay, you have no recourse except with the courts which may take months to get a response, and in the interim, the payments are still due and nonpayments are still impacting your credit.

It is always best if the parties can settle their issues before they separate. If you cannot settle all the issues, I would suggest a temporary separation agreement that outlines specific issues such as this and how the parties will deal with them in the interim until either a full agreement is entered or an order of the court.