Can My Spouse Stop Paying the Mortgage During a Divorce?
April 26, 2023
If you bought a house with your ex-spouse and agreed to split the mortgage payments, but he suddenly stops paying his share, it can put you in a difficult and stressful situation. Let’s discuss the legal options available to deal with this issue.
First and foremost, it's important to understand that if both of your names are on the loan and deed, you both have equal ownership of the property, regardless of who is paying for it. This means that your ex-spouse has the right to live in the house even if they are not paying their share of the mortgage.
However, there are legal options you can pursue if your ex-spouse is not fulfilling their obligations. One option is to take legal action against them for breaching the agreement you both made. This is known as a breach of contract claim. Your ex agreed to pay a certain amount of money towards the mortgage, and if they are not doing so, they are in breach of that contract. A breach of contract claim can lead to a court order requiring your ex to pay what they owe.
Another legal option is to seek a court order that forces the sale of the property. This is known as a partition action. A partition action can be used when two or more people own a property together, and one or more of them want to sell their interest in the property. If your ex is not paying their share of the mortgage, and you want to sell the property, you can file a partition action to force the sale. The proceeds from the sale will be divided based on each owner's interest in the property.
It's important to note that taking legal action can be a complex and costly process, and it is always best to consult with an experienced attorney before pursuing any legal action. A lawyer can help you understand your legal rights and options and guide you through the legal process.
If you find yourself in a situation where your ex has stopped paying their share of the mortgage on your shared property, it is important to know that there are legal avenues you can pursue to protect your financial interests. You can take legal action against them for breaching the agreement you both made or seek a court order to force the sale of the property. It's important to consult with a lawyer to understand your legal rights and options and to make the best decisions for your situation. Contact our attorneys today at (855) 439-0077 for a FREE 30-minute consultation at no obligation!