Legal Question in Family Law in Maine

Re: mortagages

The mortgage company is correct. The divorce is only between the husband and the wife; the various creditors of the couple are not parties to the divorce action and the court has no authority to alter or rescind valid contracts between the husband and wife and the various creditors.

The divorce can can allocate a debt, such as a mortgage, to one party. If that party fails to pay that debt, the other party may bring an action for contempt or enforcement, and force the payment. However, this does not affect the underlying obligation to the lender.

Therefore, even if your ex-spouse was ordered to pay the mortgage, for example, if they do not, the lender can look to you for payment. Your remedy would be to force your ex-spouse to pay and to be reimbursed any portion of that debt you have paid.

That's probably not the response you were looking for, but that is how the divorce judgment operates with respect to debts.