Mortgage and Divorce

A major part of most divorces in Colorado is deciding what to do with the family home. Most couples will not own their home but will rather be paying a mortgage. The mortgage obligations are something that should be handled in the divorce agreement, but it is also important for divorcing couples to understand exactly what happens with the mortgage while the divorce is in progress before any official orders have been made by the court.

According to Bankrate, a lender does not recognize a divorce when it comes to a mortgage. This means that if both names are on the mortgage, then both people are still responsible, regardless of their marriage status. The only way that the debt can be passed to just one spouse is through refinancing or selling the property. Refinancing allows one spouse to get the mortgage in his or her name only, thus relieving the other spouse of the obligation.

However, divorce situations are usually not that easily resolved. Perhaps a couple cannot sell the house or they are unable to refinance. In addition, getting a court order that says one spouse must make payments is not always a guarantee that there will not be problems down the road. According to WomansDivorce.com, if the payments are not made, even if order by a court, the lender can foreclose on the house. It is a similar situation if mortgage payments are not made during a divorce. The mortgage agreement is separate from the divorce. The lender is not under obligation to wait for payment or give a couple more time to make payments simply because they are divorcing.

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