If a Divorcing Couple Bought a House but Only One Spouse Signed, Must Both Pay the Mortgage?

The laws of most states follow that only those who sign a mortgage note are obligated to make payments on it.

But this is not to suggest that the court might not apply different or varying obligations on the parties should a divorce action be filed — especially if there is a disagreement between the parties on the subject.

In advance of such a divorce proceeding, however, only the persons who signed the mortgage would be contractually obligated to it.

To address this and other financial issues in advance of filing for Divorce, a couple can create a Separation Agreement.

(If you are certain you and your spouse will be filing for No-Fault Divorce, that same Separation Agreement is included as a part of the document package.)