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Vacanti | Shattuck | Finocchiaro Attorneys

Who Pays The House Expenses Until It Is Sold?


If the plan is to sell the family residence, ordinarily, the party who is remaining in the home would be responsible for the expenses related to that house. That may include the mortgage, the utilities, and the maintenance and upkeep of the house.

Do We Have To Modify The Decree If We Don’t Sell The Home?

The decree would not need to be modified if the house doesn’t sell. If the decree itself says that the house is to be sold, it eventually will sell. In all likelihood, it’s just not priced right. The price would continue to be reduced until a buyer could be found.

What Should I Do With The Items The Other Party Leaves Behind?

If one party leaves items behind in the house after he or she has moved out, I would advise the party who moved out that those items are going to be given away. If he or she chooses not to pick up those items, we would give them an opportunity to pick them up. If they don’t, you can donate or sell them.

How Do I Get My Name Off The Mortgage After a Divorce?

It is really difficult to get your name off a mortgage. It generally requires the person who is keeping the house to refinance the mortgage into his or her own name. By virtue of that, the old mortgage is paid off, removing the obligation of the party who is not keeping the house.

How Can I Remove The Other Party’s Name From The Deed?

If one of the parties is keeping the house, the other party would sign what is called a quick claim deed and that removes his or her name from the deed of the home.

Will I Be Liable If The Other Side Doesn’t Pay The Mortgage?

Until the mortgage is refinanced, the lender doesn’t care if the parties are getting divorced. That lender is going to keep both parties responsible and liable. It’s really important that the person who is keeping the house refinances the mortgage.

For more information on Paying For House Expenses Until A Sale, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (402) 235-6070 today.

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