While My Divorce Is In Litigation, Is There A Way For Me To Stay In My Home And Have My Ex Pay The Mortgage?

 By: L. Steven Sanders
How does it work when you are the owner of the house? If the house is in your name only, your ex is not required to pay anything and is not responsible for the house. In the event of financial difficulty, the court may order the non owner to help make the payments until the divorce is finalized. What if they own the house? Typically, if they are the homeowner, then they are required to make the payments. Because of this, they can also evict you at any time. In certain cases the court may assign you temporary living privileges. Ordinarily this is when children are associated and need a place to live. In this situation you may be living there and your ex would be making the payments. Regardless this would only be short-term and at some point you would have to move out or the house would be sold according to what the court rules.

When the divorce is completed, the court papers will declare who will own the house or if it must be sold. Assuming that you will be gaining full interest of the property and buying out your ex, you will be entirely responsible for making the payment. One additional complex issue is how the title transfer is handled. A quit claim deed will often show transfer of interest but does not remove someone's name from the loan. This has to be done by refinancing. Technically if the property hasn't been refinanced, the other party remains responsible to pay the mortgage and if payments are made late or not made at all, it will impact their credit. If this is the case, they may make the payments anyway, so their credit is not ruined.

As long as there are no particular circumstances, plan on these outcomes. In cases where the house is owned by both of you, you are both legally responsible for the payment until the divorce is completed. When you own the home, you are legally responsible for the payment, and if your ex owns the house, they are responsible. For more information on Atlanta family law, consult Atlanta family attorneys that work with these cases frequently. They have the knowledge to tell you what legal rights you have and if there is a legal means to have your ex provide the mortgage payments during litigation.
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