Gregory S. Johnson, Attorney at Law
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What happens with a mortgage in a divorce?

A large focus of your divorce settlement in Louisiana will be on dividing property and managing debt. The largest debt you likely will deal with is your mortgage. A mortgage is a special debt that is not handled as easily as others. Generally, it is in both of your names, and the lender will not care that you are divorcing and continue to hold you both accountable. 

However, you probably do not want to remain jointly responsible, so you will have to take steps to solve this problem. Time explains you have a few options for handling your mortgage, depending on your finances and desires.

If you wish to continue living in the home, you could refinance the mortgage only in your name. This may not be financially possible, though. You would have to qualify for a new loan.

A common option is to sell the house. This may also be tricky if you owe more than the house is worth or if you cannot find a buyer. You may also want to consider renting it out. Remember, though, you both remain responsible if you continue to hold the mortgage together. 

One last option is to for both of you to stay in the home and live together. This is often very tricky, but if you can make it work, it could be the easiest option financially speaking. 

Regardless of what you decide to do, you remain responsible for the mortgage until it is paid. This information is for education and is not legal advice.

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