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  1. #1
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    Sep 2016
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    Default Can Your Ex- Move Out and Stop Paying Part of the Mortgage

    A couple in Florida is separating. The wife has stated that she is moving out and that after she moves she will stop paying the mortgage. The house is in both of their names, but only the husband is on the mortgage.

    The husband does not want to sell the home, but will have financial difficulty paying the mortgage alone. What are the couple's respective rights and duties?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Can Your Ex- Move Out and Stop Paying Part of the Mortgage

    If the wife is not on the mortgage she has no contractual obligation with the lender to keep paying.

    If the husband wants to keep the home, he needs to figure out how he can make the payments and how the equity will ultimately be divided. He may have to buy out his wife's interest in divorce.

    Florida does not have a process of legal separation, so if the husband wants to obtain some sort of financial status quo order that will require his wife to pay toward the mortgage, he will need to file a divorce and seek such an order as part of the divorce. His divorce lawyer can advise him as to how the court is likely to respond to such a request. If the couple has children who will continue to live in the home, it becomes considerably more likely that the husband will be able to obtain some form of status quo order.

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