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Should I have to pay half the mortgage while my husband is living in our home?

Atlanta, GA |

My husband and I are getting a divorce. I moved out of the home, we're both on the mortgage. I'm paying rent on another place, and he is still living in the home. We're trying to do this uncontested, but he's insisting that I continue to pay half the mortgage until he moves out (which won't be for several months, he doesn't want to move until he gets another job in a different town). After he moves, we're going to try to sell it or get renters. I think he should have to move now (or soon) so we can try to rent or sell right away instead of having it be so open-ended.

Would it be normal for a judge to order me to pay half the mortgage while he lives there? He thinks that if this were contested, he would get to stay there and have me pay half, but that just doesn't seem right to me

Attorney Answers 2


  1. There are a lot of issues in your question. It's difficult to predict what a judge do since each case is unique. You certainly do not want your bills to be unpaid, but you shouldn't have to support two households. My best advice would be to hire an attorney and get a temporary order in place to protect yourself. What happens if you don't pay? Will your husband allow the house to go into foreclosure and ruin your credit?

    A good attorney would help you get a temporary scenario in place that allows you to separate from your husband and maintain your own households during this process. In fact, depending on the circumstances, you may be entitled to some support. Seek a consultation ASAP.

    Legal disclaimer: Note Mr. Naggiar's answer does not constitute legal advice, and should not be relied on. Each situation is fact specific and court specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.


  2. There is no order in place that says you have to do anything. Is the debt in your name? If so, you face trouble with the mortgage holder but not the court. Do you know if he is paying the house note at all? Many times, folks agree to pay their half only to learn that the other person took their money and didn't pay the house note anyway.

    Wanting to do a divorce "uncontested" often costs people more than if they hired an attorney to begin with. If it's uncontested, then why did you have to move out instead of both of you living under the same roof? Was there tension, aggression, violence, threats? If not, then a court might not be sympathetic to you moving out when you couldn't afford to do so. If there is ample reason for you to have moved then you probably should have hired an attorney and made him move out - unless the house is so underwater that there is no way you could keep it.

    If the house is underwater and neither of you can keep it then the question becomes "is the debt in both of your names?" If so, you are in a world of financial trouble either way. If not, then, again, maybe you should keep the house and force his departure. It is now more difficult to put yourself back into the house but that's only if you want it. I agree that you need to see an attorney. Every month that goes by you are losing money that could go to a lawyer who can stop you from losing even more money.

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