Who is responsible for paying the mortgage during a divorce?

On Behalf of | Apr 15, 2024 | Divorce |

When a marriage ends, there are many things to sort out, including who will take care of paying the mortgage. This is an important aspect of divorce because the family home is often one of the biggest assets a couple owns.

Understanding how a mortgage gets handled during divorce proceedings is necessary for both parties involved.

Initial responsibilities

Initially, both spouses are responsible for the mortgage payments. Even if one spouse moves out of the home, they are still obligated to contribute to the mortgage unless a legal arrangement states otherwise.

Negotiating responsibility

During divorce proceedings, spouses can negotiate who will be responsible for the mortgage payments moving forward. This negotiation often occurs as part of the division of assets and debts.

Legal decisions

If spouses cannot agree on who will handle the mortgage payments, a judge may intervene. In court, various factors, such as income, assets, and contributions to the mortgage, may influence the decision.


In some cases, one spouse may choose to refinance the mortgage in their name alone. By doing so, they assume full responsibility for the payments, relieving the other spouse of any obligation. However, they must first qualify for the loan based on their own creditworthiness and financial situation.

Continued communication

Regardless of the arrangement, both parties need to maintain open communication regarding the mortgage. Failure to uphold payments can result in financial repercussions for both spouses.

Deciding who will pay the mortgage during a divorce requires careful consideration and negotiation between both parties.