Maryland

What Happens If Your Ex Stops Paying the Mortgage?

Both names stay on the loan, so a missed payment is owed no matter who missed it. Maryland Family Law section 8-208(c) lets the court order either or both spouses to pay the mortgage, insurance, and taxes. Section 8-208(a)(2) lets it act while the case is pending. Read every statement, keep proof of what you pay, and ask your attorney.

By Marc Cormier

Licenses: Maryland #620443 | Virginia #0225175181 | DC #SP98365998 | Berkshire Hathaway HomeServices

27+ years in real estate. 800+ closed transactions.

Certified as a Certified Divorce Real Estate Expert (CDRE) in 2014.

Last updated: October 2, 2026

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What happens if your ex stops paying the mortgage?

The debt stays owed, and your name is still on the loan. Your agreement or a court order decides who owes whom between you and your spouse. Your lender is a separate party.

Ask your lender what a missed payment triggers on your loan. Ask your attorney how it affects your case. Do not guess either answer. Do not wait to find out from a letter.

What does Maryland Family Law let the court do?

Section 8-208(c) lets the court order either or both parties to pay the mortgage, related indebtedness, maintenance, insurance, assessments, taxes, or similar expenses. Section 8-208(a)(2) says the court is allowed to use its section 8-208 powers while the case is pending.

The statute sets no percentage and no formula. Ask your attorney whether to request an order in your case.

Section 8-205(b)(10) lists "any award or other provision made under the family home" section as one factor the court considers when it sets a monetary award or a property transfer. An order about who pays the mortgage comes from section 8-208(c), the family home section. Ask your attorney whether and how an order affects the final split.

What do you do in the first week?

Do these six things. Mark each one done or not done.

Step	Done when
1. Read the mortgage statement every month	You checked the due date, the amount due, and any past due line each month
2. Set up your own login with the lender	You see the account without your spouse
3. Ask the lender in writing for your options	You asked what your options are and what a missed payment triggers, and you saved the reply
4. Write down every payment you make	Date, amount, method, and bill are in one log with the confirmation saved
5. Put the payment rule in writing	The agreement names who pays, by what date, or your attorney has raised a court order
6. Add a repayment line	The agreement says who is repaid, how much, and from what money

Ask the lender how to set up your own login. Ask your attorney to review anything you send the lender about the divorce. Send the lender questions in writing so you hold a record of the answer.

What does it cost to cover the whole payment yourself?

Add up the full monthly cost and multiply by the months you carry it. Made-up numbers.

Item	Monthly cost
Mortgage payment	$2,300
Property tax	$600
Insurance	$250
Utilities	$350
Total	$3,500

Months you cover it alone	Total ($3,500 x months)
3	$10,500
4	$14,000
6	$21,000

At four months you have paid $14,000. Your spouse paid nothing. Without a written repayment line, that money is a gift in practice.

How do you get repaid for what you paid?

Write the repayment rule before you pay, and take the repayment from the sale proceeds. Made-up numbers, using the standard net sheet.

Line	Amount
You pay the full payment for 4 months ($3,500 x 4)	$14,000
Half of what you paid	$7,000
Net proceeds from the sale	$383,000
Even split of the net	$191,500 each
Your final share ($191,500 + $7,000)	$198,500
Your spouse's final share ($191,500 - $7,000)	$184,500

Check the math: $14,000 divided by 2 is $7,000. $383,000 divided by 2 is $191,500. $191,500 plus $7,000 is $198,500. $191,500 minus $7,000 is $184,500. $198,500 plus $184,500 is $383,000. The two shares differ by $14,000.

This example assumes you and your spouse agree to an even split and to repay half of what you paid. Maryland Family Law Article section 8-205 contains no 50/50 rule. Your agreement or a court sets the split. Ask your attorney to word the repayment line. See the net sheet for how the $383,000 is built.

If keeping the home does not work, here is how a divorce sale runs.

What should the agreement say about a missed payment?

Name the payer, the due date, the proof, and the consequence in writing.

Who pays the mortgage each month and by what date.
Who sends the other spouse the statement and the payment confirmation.
What happens if the payer falls behind, and how many days before the other spouse acts.
Whether the spouse who covers a missed payment is repaid from the sale proceeds.
The end date of the arrangement.
The date the house is listed if the end date arrives.

Ask each spouse's attorney to review the page. Ask your attorney about a court order under section 8-208(c) if the written agreement fails.

WHAT THIS MEANS FOR YOUR HOUSE

A missed payment stays owed. Both names are on the loan.
Section 8-208(c) lets the court order either or both spouses to pay.
Read every statement. Set up your own login.
Ask your lender in writing. Keep the reply.
Write down every payment and keep the proof.
Get the repayment line in writing before you pay.
Ask your attorney and your tax professional before you sign anything.

Where this goes wrong

I have seen this mistake before. One spouse stops paying and the other does not know for two months. The statement was going to a login only one spouse opened.

Paying nothing and waiting. The other spouse waits to see what happens. The missed payments stay owed. You lose the time to ask the lender and your attorney.
Paying everything with no record. You cover the full payment for four months. You keep no log and no confirmations. Your spouse says you never paid. You cannot prove the $14,000.
Paying everything with no repayment line. You pay the full amount and nothing in writing says you are repaid.
Ignoring lender letters. A letter arrives. You set it aside. Ask the lender what each letter means and answer in writing.
Guessing what the lender allows instead of asking.
Using the mortgage as leverage in the fight.

This is where people usually get hurt. They assume the other spouse is paying. The statement says otherwise.

Local note for Montgomery County: The Montgomery County Circuit Court runs a Family Law Self-Help Center. It is a free walk-in clinic staffed by attorneys, in the South Tower, First Floor, Room 1500. It gives general legal information or limited legal advice on divorce, custody, and related matters. You still pay case fees and costs. Source: https://www.montgomerycountymd.gov/circuit-court/services/family-law-self-help-center

Questions about a spouse who stops paying the mortgage

What happens if we stop paying the mortgage?

Stopping payments creates debt and risk for everyone on the loan. Ask your lender what happens after a missed payment on your loan, and ask your attorney how it affects your case. Missed payments stay owed. In a made-up example, three missed payments of $2,400 add up to $7,200 before fees. Keep paying while the house is listed.

Can the court make my spouse pay the mortgage while we disagree?

Section 8-208(c) lets the court order either or both parties to pay the mortgage or rent, related indebtedness, maintenance, insurance, assessments, taxes, or similar expenses. Section 8-208(a)(2) lets the court act while the case is pending. Ask your attorney whether to request an order and how to word it.

Who pays the mortgage during use and possession?

The order or your written agreement decides. Section 8-208(c) lets the court order either or both parties to pay the mortgage or rent, related indebtedness, maintenance, insurance, assessments, taxes, or similar expenses. Write down who pays each cost and whether that spouse is repaid from the sale proceeds. Ask your attorney to word it.

What if my spouse stays on the mortgage after the divorce?

Both names stay on the loan contract with the lender, so ask your lender what that means for you. Put payment rules, a refinance deadline, and a backup sale date in writing before you sign, and ask your attorney to review them. Keep every payment current while both names are on the loan.

What does it cost to carry the house while it sits unsold?

Carrying cost is the monthly total of the mortgage payment, taxes, insurance, and utilities. In a made-up example at $3,500 a month, four months cost $14,000 and six months cost $21,000. Your number depends on your loan and your house. Add it up before you list.

What if my spouse stops paying and I cannot cover the whole payment?

Ask your lender in writing what your options are on your loan and what a missed payment triggers. Tell your attorney the same day. Ask whether to request an order under section 8-208(c). Do not wait for the next statement. A missed payment stays owed while you wait.

Do I get my money back if I pay my spouse's share of the mortgage?

Only if your agreement or a court order says so. Write a repayment line before you pay. In a made-up example, you pay $14,000 over four months. Half is $7,000. From a $383,000 net, you take $198,500 and your spouse takes $184,500. Ask your attorney to word the line.

Do you need a divorce attorney?

You should have your own. I am a real estate agent. I do not give legal advice, and I do not work for one spouse against the other.

I am not affiliated with any law firm. I do not recommend one attorney over another. Your spouse needs their own attorney, not yours.

If you need to find one, start with the bar association referral services:

Links open in a new tab.

What an attorney handles	What I handle
Who gets the house and the money	The value of the house
The marital settlement agreement	The net sheet
Court orders that affect the sale	Listing, showings, offers, and closing
Custody, support, and everything outside real estate	A written record of every showing and decision

General information only. Not legal, tax, or financial advice. The referral services are independent of me. I do not guarantee any attorney's work or results.

About the Author

Marc Cormier