Newark, NJ asked in Divorce for Florida

Q: Am I responsible for payment on the mortgage of my house even though the mortgage is only in my husband's name

I have not started divorce proceedings I am contemplating it very strongly but I want to know ahead of time of what awaits me. I would like to know if by selling the house am I responsible or do I have to pay on the mortgage with my half of the money being that the mortgage is only in his name. The house is in both our names we acquired together but not the mortgage. We live in Florida. We have no children together.

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: It is quite unusual for title to be held by both spouses but only one spouse having signed a mortgage. If the house is sold, either in the course of divorce or otherwise, the mortgage note would have to be paid. Presumably in a divorce you would get half of the net proceeds. But talk to an attorney in any event.

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