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What happens to real property if one party refuses to pay their share of the mortgage?

The parties are married. Is the other party responsible for the entire payment? Is there legal recourse or relief?

Public Comments

1. If they're both on the mortgage, they're both responsible. Someone needs to make the payment before the bank forcloses. Sounds like they need marriage counseling, or a divorce.
2. If it doesn't get paid the motgage co. couldn't care less why all they know is it isn't paid. If both of you are on the note then you are both responsible. If one party isn't paying and you want to avoid foreclosure the other party needs to pay. Consider selling or getting some marital help. good luck. LEARN HOW you can save some serious money with http://www.h-o-m-e-e-q-u-i-t-y-l-o-a-n.com and FREE Home Equity Loan Information
3. You, him, both. Divorce.
4. The parties both signed an ageement at closing that they are both responsible to repay the mortgage in a timley fashion, so they will go after both of them if payment is not made. Both of their credit scores will suffer unnecessary damage that will take years to fix. I have been a loan officer for 7 years. If one party is refusing to pay his/her share, the other party must come up with the money, and keep track of the papertrail via checks, proof of payment. Sounds like they are headed for divorce, and that is the only way the paying party can get a proper share of money back from the non-paying party, as they get attorneys and navigate through the process. It is called "Pro Rata Share" and it will be resolved then. Until that time comes, the mortgage still must be paid, each and every month, on time, or derogatory credit will hurt them both.