It's hard to underestand how mortgage company did not wasnt his name of the mortgage if it is on the title. the house is marital property if bought during the marriage. As such it is going to be awarded to one of you, if not both. the court can order him to make mortgage payments as a term of the property settlement, even if his name is not on the mortgage. Depends, in part, on the equities of the parties including health, earnings of either party, needs, and similar; as well as what other assets and debts there are.