What if you own the house? When the house is in your name only, your ex need not pay anything and is not legally responsible for the property. In cases of financial difficulty, the court might require the non owner to make the payments until the divorce is settled. What happens when you don't own the house and they do? For the most part, if the house is theirs, then they are financially responsible for the payments. Because of this, they can also evict you at any time. For some cases the court may assign you temporary living privileges.Normally this is when children are associated and need a place to live. With this scenario you can be living there and your ex would be making the payments. Nevertheless this would only be short-term and at some point you would have to leave or the house would be sold based upon what the court declares.

Once the divorce is finalized, the court documents will state who will own the residence or if it has to be sold. Assuming that you will be getting the property and buying out your ex, you will be solely responsible for making the payment. Another complex issue is how the transfer is achieved. A quit claim deed will frequently show transfer of interest but does not eliminate someone's name from the loan. This can only happen with refinancing. Basically if the property hasn't been refinanced, the other party still is responsible to pay the mortgage and if payments are made late or not made at all, it will impact their credit. If this is the case, they may make the payments anyway, so their credit is not ruined.

As long as there are no specific circumstances, plan on these results. Anytime the house is owned by both of you, you are both responsible for the payment until the divorce is finalized. Whenever you own the home, you are liable for the payment, and if your ex owns the house, they are liable. To obtain more information on Atlanta family law, consult Atlanta divorce lawyers that work with these cases on a regular basis. They will be able to tell you what legal rights you have and if there is a legal avenue to have your ex provide the mortgage payments during the divorce process.