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Can the Court Force a Spouse Who Won Exclusive Possession of the Home to Pay the Mortgage After a Divorce is Finalized?

Regardless of the circumstances surrounding your divorce, if you were awarded exclusive possession of your marital home as part of the divorce agreement, you’re likely stuck with the mortgage payments.

When couples are in the thick of divorce proceedings one party typically moves out and the other files for exclusive possession. During this time, the party remaining in the home can file a Temporary Order with the court seeking relief from the other party in order to continue making payments such as insurance, property tax and any mortgage debt against the home. Once the divorce is closed however, this type of support has run its course.

Unlike alimony, a mortgage contribution ordered by the court is a temporary obligation and will expire upon finalization of the divorce. The fact is the court cannot force either party to continue making mortgage payments once the divorce is in the books. After the divorce is final, failure to make payments will ultimately lead you (and your ex, if you’re both named parties to the mortgage) to end up back in court, except this time it will be with your mortgage lender.

Divorce law can be complex. If you are currently in divorce proceedings, are uncertain as to the status of your divorce or have additional questions regarding support obligations, consult with an experienced divorce attorney immediately to discuss the particulars of your case. Call 813-898-2750 and let us help.

This post was written by David Hurvitz. Follow David on Google+.