Who pays the mortgage in a divorce?
Normally, if the home is not sold as part of the divorce, one spouse will be required to make the mortgage payments. However, if the spouse fails to pay, both parties may still be liable to the bank. If both parties signed the promissory note, the divorce settlement will not abolish a spouse’s obligation to the bank. The bank is not a party to the divorce case and did not consent to any such agreement.






