Responsibility For The Mortgage
I am currently in mediation for my divorce and the mediator said that my stbx would not be responsible for paying mortgage payments once she moves out. The house is currently in escrow in california but there is the possability that it will not go through. She is moving out in the next two weeks regardless if it has sold or not. The mediator said she will not be responsible for making payments but would become an element in the settlement. This seems wrong to me as we are both are on the mortgage and are responsible 50/50. If she doesn't pay half the mortgage I will be stuck with a payment of $3000 a month.
Is this what the law says?
Re: Responsabilities for the mortgage?
I am currently in mediation for my divorce and the mediator said that my stbx would not be responsible for paying mortgage payments once she moves out.
The mediator is wrong.
Re: Responsabilities for the mortgage?
Yep. The divorce decree does not supercede a mortgage agreement that you both signed. You'd need to refinance it or sell it, in order to remove the responsibility for the payment from one of the parties.
Re: Responsabilities for the mortgage?
She may not be responsible pursuant to the settlement agreement (i.e., the agreement or judgment could make you solely responsible for the payment), but that agreement would have no effect on the mortgage company's ability to hold both of you responsible for the debt.