Legal Question in Family Law in Florida

Mortgate Loans in BOTH names

My wife and I are getting divorced. She is the one requesting the divorce and is moving back home to Ga. She thinks that just because she isn't living in the house, that she doesn't have to pay her portion of the mortgage. The bank loan is in both of our names and based on both of our income. I earn 67% of our total income and was only going to ask her to be responsible for the remaining 33%. We are trying to reach an agreement w/o going to court. Can she just totally bail out our our mortgage and stick me with it?


Asked on 1/05/07, 11:50 am

1 Answer from Attorneys
Marie-Anne Oatley

Re: Mortgate Loans in BOTH names

No. Not only is your mortgage marital debt but as you said, if her name is on the note as well, she is jointly responsible for it with you. Unfortunately, jointly means you are both responsible for all of it. That means that her part cannot be separated as far as the mortgage company is concerned; if she doesn't give you anything towards the bill, you have to come up with all of it so that it doesn't go in default and possibly foreclose and so that your credit is protected. As you negotiate your settlement agreement, you may be able to use this to offset something else.

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Answered on 1/05/07, 1:16 pm


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