I'm In The Middle Of A Divorce In Florida And My Soon-To-Be Ex Will Not Pay The Mortgage. What Are My Legal Options?

It depends. Was your spouse ordered to pay the mortgage in a temporary court order?

If not, although he may be liable on the mortgage and be obligated to pay the bank, he is not in violation of any type of court order by failing to make the payments.

If your name is on the mortgage, and you have the ability to pay it, you should make the payments so that your credit is not harmed by late payments and so that the house does not get foreclosed on.

If your spouse was ordered to pay the mortgage in the divorce case and they are not, you should speak with your attorney.

If you do not have an attorney, you need to get one.

He is in violation of a court order by failing to pay, and you can file a motion to hold him in contempt.

The court could order him to pay all past due payments immediately, garnish his bank accounts or his wages, or take other legal steps to collect.

If you do not have anything in writing and you’re in the middle of a divorce, it may be time to get a temporary court order in place until the divorce is final.

The temporary court order during a divorce case can establish the legal responsibilities of each party while the divorce is pending, such as child custody, child support, who can reside in the home, who is responsible for paying the mortgage, temporary alimony, and other related issues.