Legal Question in Family Law in Rhode Island

Re: mortgage

That is a good straight-forward question.

Unfortunately the answer isn't quite as easy because there are actually two answers. Here is the first answer. The mortgage company will hold you responsible for the payment as long as your name is on the mortgage. Unless there is a refinance to get your name off the mortgage then YES, you will be held responsible for the mortgage payment.

Now, will the court hold you responsible for the mortgage? That is another question. Each judge has his or her own philosophy in the short-term (meaning "during" the divorce proceedings) but makes a final decision only after hearing all the evidence. Since I don't know what judge you would have and don't have all the circumstances of your marriage and divorce situation I could not answer that with any degree of certainty.

However the two of you have been paying the mortgage (for instance if you pay 70% and your wife pays 30% each month), there's a good chance the judge will continue your existing practice. If you pay it all, expect that a judge may order you to pay the entire mortgage during the divorce proceedings. In the end, if neither of you buys the other out to refinance and get the other off the mortgage and deed, then it's likely (though not certain) that you'll both be equally responsible for the mortgage or that you'll each be held responsible by the court for the portion that you paid if the matter went to a full trial.

Please feel free to contact me if you are in need of an experienced divorce attorney. There's a reason I've become known as RI's Most Affordable Divorce Lawyer. My client's come first.