• About Us
  • Professionals
  • Practice Areas
  • Why Hire Us?
  • Contact

What Should I Do with the Mortgage During a Divorce?

Divorces tend to be complicated and hard to manage, especially for people who didn’t have a prenuptial agreement and need to divide a house. In Mississippi, the law requires property division be equitable, which means as fair as possible. If a couple shared a home and invested equity into it, property division can be complex.

A piece of property will be considered marital if both spouses bought the home together and invested money in it to pay off the mortgage. In fact, a home is the biggest asset most people own together, so it’s understandable when both spouses want to keep the house after the divorce.

If both spouses want the house, a judge ultimately decides who gets what during the divorce. When determining who gets the home, judges are charged with deciding what is fair and assessing whether awarding one spouse with the house will place an unreasonable financial burden on the awarding spouse.

For example, a judge may decide to award one spouse custody of the house, meaning he or she can still live there. However, the other spouse will still own whatever his or her interest in the marital home is. In one case, a wife was awarded sole use of the marital home, but it granted the husband the option of discontinuing mortgage payments after the children reached adulthoods. Instead of paying child custody, the husband paid monthly mortgage payments, taxes, and homeowner’s insurance.

In some cases, one spouse may pay the other their half of the mortgage amount so he or she can continue living in the house with full ownership. Each case will vary depending on the circumstances, so discussing your case with an experienced Jackson divorce attorney would help you understand your options a little better.

Talk to one of our skilled Jackson, MS divorce lawyers at Grant Legal Group PA about your case as soon as possible. We understand you might be experiencing one of the most stressful and emotional times in your life. Let us use our more than 70 years of combined legal experience to assist in your case.

Contact us at (601) 827-3031 or fill out our online form to schedule a free case consultation with us today!

Related Posts
  • Cost of Prenuptial Agreements in Mississippi 
  • How Much Does It Cost to Set Up a Conservatorship in Mississippi? 
  • How Much Does It Cost to Set Up a Guardianship in Mississippi? 
  • How Much Does an Uncontested Divorce Cost in Mississippi? 
  • Registration of International Adoptions in Mississippi
  • Foster Care Adoption in Mississippi
  • MISSISSIPPI ADOPTION LAWS AND REQUIREMENTS 
  • How Much Does an Adoption Lawyer Cost in Mississippi?
  • How Much Does Probate Cost in Mississippi?
  • How Much Does a Will Cost in Mississippi?
  • All About Appellate Mediation in Mississippi 
  • How Long Does an Appeal Take in Mississippi?
  • How Long Does an Adoption Take in Mississippi?
  • What Happens If I Win My Appeal?
  • Do I Need an Adoption Lawyer or Can I Handle It Myself?  
  • Post-Conviction Relief Appeals in Mississippi 
  • Process to Appeal from a Summary Judgment in Mississippi 
  • Appeal Your Mississippi Criminal Conviction
  • Workers’ Compensation Appeals in Mississippi
  • Personal Injury Appeals and Medical Malpractice Appeals in Mississippi
Our Reviews

“John was very professional throughout the entire process and made heartfelt recommendations along the way.”

“No doubt that he is one of the best attorneys Mississippi can take pride in.”

“I am glad I found John Grant to help me through a difficult time. ”

“His litigation style saves his client's money and gets them good results.”

Stephen

“John was very detail oriented and took the time to review and include any and all information to bring us to success!”

“We hired John Grant as our attorney to have my daughter adopted by her step dad! The process was kept simple for my family and myself! ”

Kayla

“John handled my family's adoption and he did a great job! He was very attentive to detail and made sure everything was lined up for adoption day. ”

Lindsey

“John Grant was beyond patient and understanding of my situation. I would gladly recommend him and this firm to others.”

JoAnna
More Testimonials

Contact Our Firm Today

(601) 827-3031
Let Our Experienced Attorneys Help Today
  • Describe Your Legal Matter

© COPYRIGHT SINCE 2022 | DISCLAIMER | PRIVACY POLICY Design & Marketing by Nuzu