Legal Question in Family Law in Minnesota

Re: The Ex who is not making the mortgage payments.

This is a common problem about which I receive many questions.

To answer your question most simply, no you cannot pay the mortgage directly on her behalf. Any such payments will not ordinarily be given credit under the law. In fact, if you look at "Exhibit A," attached to your divorce decree, or to any subsequent child support orders, you will find a notice that the payment of other obligations on behalf of the child support recicpient will not satisfy your support obligation. In other words, it will be as though your support payment was not made at all.

The fact that the mortgage is still in your names jointly is a problem, but not uncommon. Her delinquency will likely show up on your credit report, and may affect your rating.

If you are very concerned, or if you have a lien against the home to secure a property settlement awarded to your in your divorce decree, you could perhaps bring a motion to compel the immediate sale of the home. Before taking any such action, however, I would recommend you consult with an attorney, since there may be other relevant factors that would affect the choice of action here.

If you have any additional questions, please feel free to call. My contact information is provided below.

Thank you for your question

John Jesperson

Re: The Ex who is not making the mortgage payments.

Thank you for your question.

The simle answer to your question is "absolutely not."

Under Minnesota statutes such a payment would be characterized as a gift or something other than support. Support must be paid through income withholding or, if withholding has been waived, directly to the recipient. A failure to do so would result in arrears and possible double paying the obligation.

It is generally a mistake to conclude a divorce proceeding without including protective provisions related to debt and credit. In most cases where two parties are obligated on a debt such as a mortgage, one party is required to refinance to remove the other party's name. If that does not occur, that obligation will show up on your credit report and any late payment or failure to pay will reduce your credit worthiness.

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