By : George Mitchell Sr.

What if you own the house? If the house is only in your name, your ex does not have to pay anything and is not responsible for the house. In cases of financial difficulty, the court might order the non owner to make the payments until the divorce is completed. What if the house is theirs alone? Typically, if they own the house, then they are financially responsible for the payments. However, they can also throw you out at any time. Sometimes the court may assign you temporary living privileges. Normally this is when children are affected and need somewhere to stay. With this scenario you would be living there and your ex would be making the mortgage payments. However this would only be for a short time and at some point you would have to move out or the house would be sold based upon what the court declares.

As soon as the divorce is completed, the documents will say who will own the home or if it must be sold. In cases where you will be obtaining the property and buying out your ex, you will be completely responsible for the payment. The next complex issue is how the transfer is handled. A quit claim deed will regularly show transfer of interest but does not remove someone’s name from the loan. The only way to solve this is by refinancing. Basically if the property hasn’t been refinanced, the other party remains responsible to pay the mortgage and if payments are made past due or not made at all, it will harm their credit. In cases like this, they may make the payments anyway, so their credit is not ruined.

When there are no unique circumstances, plan on these results. In cases where the house is owned by both of you, you are both responsible for the payment until the divorce is finalized. If you own the house, you are responsible for the payment, and if your ex owns the house, they are legally responsible. To get more information on Atlanta family law, consult Atlanta family lawyers that work with these cases commonly. They have the experience to tell you what legal rights you have and if there is a legal arrangement to have your ex cover the mortgage payments during the divorce process.

While conducting the research for this article, I learned a lot about uncontested divorce lawyers and how to choose a great divorce lawyer at DivorceLawyersofAtlanta.com.