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Going through Divorce - Should I still make payments?

my husband and I purchased property together, both names on the mortgage. We are seperated, in the process of a diviorce. We have been seperated over a year, with no willingness on his part to settle, going to trial mid '12. Should I continue paying my half as I have done during the seperation; stop paying since it is not our main residence; wait until the divorce is settled? I do not want my good credit rating tarnished. Will my not paying be viewed as "default" by the mortgage holder? by smorri_688_448 from Waukesha, Wisconsin. Dec 22nd 2011 Reply


Joe Metzler (JoeMetzler)
#17 ranked lender in Minnesota - 4,843 contributions

Sorry to hear of your troubles. You have a lot to think about. I can only answer that regardless of your situation, or who should be paying, if the payment isn't made, it will seriously effect your credit. If it gets too far behind, you'll also be dealing with a foreclosure on your credit.

Dec 22nd 2011
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Brian Allen (ballen)
#43 ranked lender in Maryland - 193 contributions

Not specifically unless there is no payment or partial payment you would be in default so what ever arrangement you have continue to make your payment. If you need a spousal buyout loan I can be reached at ballen@ accessnational.com or toll free 888-354-3299

Dec 22nd 2011
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Pam Schubert - VA certified loan specialist (pschubert)
#17 ranked lender in Wisconsin - 24 contributions

Is your name listed on the loan or just on the mortgage? If your name is on the loan (note) this will effect your credit!

Dec 22nd 2011
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If you want to maintain your good credit rating, you and your "soon-to-be ex-husband" must keep making the entire payment on time. If EITHER of you stops making "your half" of the payment, you will BOTH be reported late.

Dec 23rd 2011
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Adam Webb (Adam.Webb)
#15 ranked lender in South Carolina - 19 contributions

That's an unfortunate situation to say the least. If your husband is still paying his portion I would recommend you doing the same. That woudl ensure your good credit stays in tact. However, if your husband is not paying his half you may already be in default. I would find out right away because if you're only paying half of the payment and it's in default already you may want to touch base with your lender and find out what options you have available. I hope this helps. Please feel free to contact me with any questions. Adam Webb, First Charleston Mortgage 1-800- 968-3987 or email at adam.webb@firstcharleston.com

Dec 23rd 2011
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Bert Carpenter (BertCarpenter)
#37 ranked lender in Arizona - 2,431 contributions

I'm really sorry to hear about you situation. There are a couple of issues you need to be concerned about. My answer is based on the presumption that your name is on both the mortgage note as well as on the legal title to the property. When a couple signs a promissory note, most likely the note has a "joint and several" clause in the language. This means that both signers are jointly and separately liable for the debt. IF you are paying "your half", but your husband is not paying his half, there is a good chance the lender is already reporting the loan as delinquent which is having a negative impact on your credit. This does not mean you should stop paying your half. Once the divorce is settled and the home is sold, (assuming that is the disposition), most lenders will look at YOUR payment history on this obligation and not hold it against you as long as you can prove you did not miss a payment. I just close a loan for a woman and her new husband where she had a similar situation with her ex. She kept up her share of the payments until the divorce was final, and then he let the property go into foreclosure. Because she could prove she had made her half of the payment on time, it did not prevent her from qualifying. Finally, do not allow yourself to be talked into giving up ownership until the note is retired. This means if it is suggested that you quit claim yourself off of title, do so only if the loan is paid off or refinanced. You don't want to be stuck with a debt for a property you no longer own. Good luck to you.

Dec 23rd 2011
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