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stopping paying the mortgage

  • puffafish
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05 Mar 08 #15897 by puffafish
Topic started by puffafish
My S2BX moved out two months ago, we are getting divorced.
Both names are on the mortgage. He has paid his half into my bank account for the last two months but has not paid his half of the mortgage this month.Therefore, my bank account is pretty sad looking as the whole mortgage amount has gone out, with nothing paid in towards it!
Can he stop paying his half of the mortgage? Would I be able to knock it off the settlement? I am hoping to buy him out of the house. We have 3 kids.

  • Fiona
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06 Mar 08 #15999 by Fiona
Reply from Fiona
Who pays the mortgage is really a matter of common sense. Obviously one spouse with the ability to pay can't just walk away and leave the other spouse unable to pay the mortgage, although on the other hand a spouse who enjoys the sole use of the FMH can't expect an estranged spouse to contribute when they don't have the ability to do so and have to find their own living costs to find.

If your husband does stop the mortgage and leaves you struggling there is the option of applying for maintenance pending suit in the interim, but that incurs extra legal costs and people aren't always any better off.

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