Can A Spouse Stay On A Mortgage After The Divorce?

If you and your spouse are both on a mortgage, in most divorces, either the property will be sold or one party will buy-out the other parties’ interest in the property. In those instances, either both spouses will be removed from the mortgage or only one spouse will remain on the mortgage.

However, there are some cases, where both parties want to keep the property and do not want to change the mortgage. Can both spouses stay on a mortgage after the divorce? Can one spouse stay on a mortgage after the divorce? The short answer is “yes”, it is possible that either one or both spouses can stay on a mortgage after the divorce. However, in order for that to happen, you will need to do the following.

1. If the divorce is settled, then in the settlement agreement, it must be very clear that one or both parties will remain on the mortgage. The agreement will also have to specify what happens if the mortgage is not paid. It is very important to place safeguards in the agreement, so that if the mortgage is not paid, on time, that either the other party can pay the mortgage, or the property will be sold.

The agreement should also state what happens when the property does get sold or what happens when one party no longer wants to be on the mortgage.

The bottom line is that the agreement has to think of all the things that can go wrong (i.e. the mortgage not getting paid) and also has to deal with situations where even if the mortgage is getting paid, on time, how long that will be allowed to happen.

2. If the divorce goes to trial, most likely a Judge would not allow both parties to remain on the mortgage (except, perhaps for a very short time). Usually, a Judge would order the property to be sold. If only party was on the mortgage, then a Judge may allow that party to continue to remain on the mortgage, but, the Judge will put strict limits on how long and what happens if the mortgage is not paid.

There are many contingencies and scenarios that have to be considered with a mortgage. David Badanes, Esq. and the Badanes Law Office, P.C. have drafted numerous divorce agreements that arrange for how a mortgage is handled after a divorce.

If you are thinking of getting divorced, call David Badanes and the Badanes Law Office today at 631-239-1702 or email at david@dbnylaw.com. We have offices in Northport, Suffolk County and in Uniondale, Nassau County.

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