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Can a Spouse Deliberately Default on a Mortgage During Divorce?
 
We have all heard of stories about divorcing couples warring with each other (the movie War of the Roses comes to mind).  When tensions get high, some people will resort to almost anything.  But what about when the 
 
David Wilkinson - Orange County Divorce Lawyer
Generally, no.  During a divorce it is imperative that each spouse ensure that all debts they are contractually obligated to pay (i.e. being on a loan) are paid timely.  If you discover your spouse is deliberately not paying a loan you are on then you can obtain an order in the Family Court to force the other spouse to make the monthly payments.  Generally, spouses owe a fiduciary duty to the other to act in the community’s best interest.  Thus, if the loan was incurred during the marriage, then the spouse occupying the residence is obligated to pay the mortgage.  The Family Court will not allow a spouse to reside in a family residence and deliberately not pay the mortgage.
 
Nicole Aeschleman  -  San Jose Family Lawyer 
 
They can, but that is when a lawyer should go in and fight for orders requiring the party who can pay to continue to make payments.  ... more

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