Q: My wife had me served with separation papers here in California both our names are on the mortgage does she still half
Of the mortgage? She told me that she will not be paying it next month.
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A:
In California, both spouses are typically responsible for the mortgage payments on a marital home, even if only one spouse is living in the property during the separation. This is because California is a community property state, which means that assets and debts acquired during the marriage are generally considered to be owned equally by both spouses.
However, the specific details of your situation may vary depending on factors such as:
1. The terms of your separation agreement, if any.
2. Whether either party files for a temporary order from the court regarding the payment of the mortgage.
3. The final terms of your divorce settlement or judgment.
It's important to note that if the mortgage payments are not made, it could negatively impact both of your credit scores and may lead to foreclosure. If your wife refuses to contribute to the mortgage payments, you may need to seek a temporary court order to address the issue or consult with a family law attorney to discuss your options.
In any case, it's generally advisable to continue making the mortgage payments to protect your credit and ownership interest in the property until the issue can be resolved through negotiation or court intervention.
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