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What Happens to a Mortgage During Divorce?

Divorce is a complex and emotional process that can have a significant impact on your finances.

One of the most critical financial aspects to consider during a divorce is mortgage liability. It's essential to understand what happens to a mortgage during divorce and how to manage it to avoid any financial setbacks.

Consequences of Divorce on a Mortgage

When a couple decides to divorce, they need to divide their assets and liabilities. One significant asset that many couples share is their home.

Typically, one spouse will keep the house and assume the mortgage payments, while the other spouse will receive their equity share. However, even if one spouse keeps the house, both parties are still liable for the mortgage until it's paid off or refinanced.

Managing Mortgage Liability During Divorce

Divorcing couples can manage their mortgage liability in several ways, but the following three are most common.

Refinancing the Mortgage

If one spouse keeps the house, they can refinance the mortgage in their name only. This will remove the other spouse's name from the mortgage, and they will no longer be liable for the payments.

Selling the House

Couples can sell the house and divide the proceeds. This option is beneficial if both parties want to start fresh and avoid any liability.

Continuing to Share the Mortgage

If both parties decide to continue sharing the mortgage, they need to make sure that the payments are made on time. Any missed payments can affect both parties' credit scores and lead to foreclosure.


Divorce is a challenging process that can have a significant impact on your finances. Understanding mortgage liability during divorce and managing it effectively is crucial to avoid any financial setbacks.

Whether you decide to refinance the mortgage, sell the house, continue sharing the mortgage, or seek legal help, it's important to make a well-informed decision. At Beatriz Zyne, P.A., we understand the complexities of divorce and can provide the legal guidance you need to make the right decisions.

Contact us today to learn more about our services.