The mortgage usually remains a joint financial obligation while a divorce is pending if both spouses are borrowers on the loan. Separating does not automatically change your mortgage agreement, so you still need to address how you will handle the payments while the divorce moves forward.
The mortgage remains separate from the divorce
Your divorce does not change the mortgage agreement with the lender. If both you and your spouse signed the loan, the lender can generally still hold you both responsible for the payments, even if one of you agrees to make them.
An agreement between you and your spouse can determine who makes the payments, but it does not remove either person from the loan.
You and your spouse can agree on the payments
You and your spouse can agree on how to handle the mortgage while your divorce is pending. One of you may make the full payment, you may split the cost or you may reach another arrangement that works for your circumstances.
Putting that agreement in writing can help avoid confusion about who is responsible for the payments while the case is ongoing.
The court can address temporary expenses
The court can address financial responsibilities while your divorce is pending through temporary orders. Depending on the circumstances, an order may address who pays certain household expenses while you and your spouse work toward a final resolution.
This can provide a temporary arrangement when you and your spouse cannot agree on the payments yourselves.
Plan for the mortgage after divorce
You may decide to sell the home, refinance the mortgage so one spouse takes over the loan or reach another arrangement that fits your situation. Whatever you decide, make sure the agreement clearly addresses who will remain responsible for the mortgage and what will happen to the home. That can help you avoid carrying an unresolved financial obligation into your life after divorce.