Should I refinance home before divorce?

The benefit to refinancing before the divorce is finalized is that you both have skin in the game and it benefits both of you to settle the issue. After the divorce (especially in a nasty one) trying to get some cooperation from your ex on these issues can be harder to do.

What happens if my ex husband stops paying the mortgage?

Not paying your mortgage will affect your ex-partner's credit file in the same way it'll affect yours. You'll both go into arrears which will make it harder for either of you to obtain a mortgage in the future.

Can I make my wife pay half the mortgage?

To get your ex to pay half of the mortgage you can simply request them to do this and get it in writing if they refuse then you could potentially apply to the courts for spousal support. You will not be able to ask for spousal support if you have remarried. This will mean that the complete mortgage is now in your name.

Can husband stop paying mortgage during divorce?

If the court splits your finances and each of you is ordered to pay half the mortgage, you can go to court if your spouse stops paying. Similarly, if your spouse is ordered to pay the mortgage as part of your alimony case, any failure to pay would violate the court order.

Is spouse responsible for mortgage debt?

It is not unusual for one spouse to enter into a marriage with student loan debt, a mortgage, or a lingering car loan. You are not responsible for any debt your spouse incurred before your marriage, unless you incurred the debt together (for example – by signing a mortgage loan together).

Can I sue my ex wife for not paying the mortgage?

If the decree states that she is responsible for the mortgage, then your recourse is to bring a contempt action against her and have the judge order payment. If she cannot afford to make the payments, then you should request that the judge order the sale of the marital home.

Can my ex sell our house without my consent?

If your ex-partner owns the family home in their name alone, you do not have an automatic legal right to remain there. They can: Rent out or sell the home without your agreement; or. Take out a loan against the property without your consent.


Your information will not be shared or sold. This is for the strict use of Castillo Legal Clinic to contact you so that we can assist you in finding the legal solution to your debt.