Asked in Divorce for Florida

Q: Can I ask the court to amend the divorce decree to show her having responsibility of paying for the mortgage?

There was no prior stipulation stating who was responsible. She pays the mortgage and she lives there with my minor son. I’m trying to purchase another home for myself, but cannot because the lenders think I’m paying the mortgage

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2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: No. You agreed to be responsible for paying the mortgage note. The court cannot amend that contract because the lender is not a party to the divorce.

Rand Scott Lieber
Rand Scott Lieber
Answered
  • Hollywood, FL
  • Licensed in Florida

A: You can return to court asking for clarification if nothing in the final judgment says who pays the mortgage. You can use as evidence her history of paying the mortgage. You do not mention if she also kept the house as her asset. Speak to a local family lawyer for more specific advice.

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