Maryland

Who Pays the Mortgage While the Divorce Is Pending?

Your written agreement or a court order decides. Maryland Family Law section 8-208(c) lets the court order either or both spouses to pay the mortgage, insurance, taxes, and similar costs. Without an agreement or order, the loan is still a contract with your lender. Keep every payment current and write down who pays what.

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

Top-down flat-lay photograph of a home sale scene

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Who pays the mortgage while the divorce is pending?

Your written agreement decides, or a court order does. Until you have one of them, the loan is still a contract with your lender, and the lender expects every payment on time.

Keep paying. Do not use the mortgage as leverage. A missed payment stays owed. Ask your lender about late fees.

What does Maryland Family Law section 8-208(c) let the court do?

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

The statute does not set a percentage or a formula. It does not say who pays first. Ask your attorney how it applies to your case.

What happens to the lender's side of the loan?

Both names stay on the loan until the loan is paid off or refinanced. The loan is a contract with the lender. Your divorce agreement decides who pays between you and your spouse.

Read your loan papers. Ask your lender what removes a name from the loan and what a missed payment does to the account. Do not guess.

What should the written agreement say?

Write down these points and ask each spouse's attorney to review them.

Item	What to decide
Mortgage payment	Who pays each month and by what date
Taxes and insurance	Who pays each bill
Utilities and repairs	Who pays, and the dollar cap on repairs
Reimbursement	Whether the paying spouse is repaid from the sale proceeds
Proof	Who keeps the receipts and shares the statements
Missed payment	What happens if the payer falls behind
End date	The date this arrangement stops
Backup plan	The date the house is listed if the end date arrives

What does a month of carrying the house cost?

Made-up numbers.

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

Months	Total ($3,500 x months)
3	$10,500
6	$21,000
12	$42,000

One spouse paying alone for 12 months with no reimbursement in writing pays $42,000. Under an even split, the other spouse owes $21,000. Reimbursement from the sale proceeds fixes that. Write it down.

What if one spouse stops paying?

A missed payment is owed no matter who missed it. Both names are on the loan contract.

In a made-up example with a $2,400 payment, three missed payments add up to $7,200 before fees. ($2,400 x 3 = $7,200.)

Ask your lender what happens after a missed payment on your loan. Ask your attorney how it affects your case. Do not guess either answer.

What does it cost to keep the house on one income?

Add up the full monthly cost on your income alone before you promise to keep the house.

A $425,000 loan at 6.5% for 30 years costs $2,686 a month. Add $600 of property tax and $250 of insurance. The total is $3,536 a month, before utilities and repairs. Ask a lender whether your income supports that number.

If you keep the house and refinance to pay your spouse, the Fannie Mae Selling Guide treats a buyout of one owner by another as a limited cash-out refinance when the home was jointly owned at least 12 months, all parties sign a written agreement, and the spouse who keeps the home takes no proceeds. The full rule and the numbers are in the buyout post: /divorce-real-estate-guide/maryland/blog/buy-out-spouse-house-maryland-divorce/

Where this goes wrong

I have seen this mistake before. One spouse moves out and says "you keep the house, you pay for it." Nothing goes in writing. Three months later the payment is late and both names are on the loan.

Skipping the written agreement.
Using the mortgage as leverage in the fight.
Paying alone with no reimbursement line.
Agreeing to keep the house without checking the full monthly cost.
Guessing what the lender allows instead of asking.
Leaving off an end date and a backup sale date.

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 the mortgage while the divorce is pending

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 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.

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 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.

Does a divorce decree remove my name from the mortgage?

Ask your lender. The loan is a contract with the lender, so read your loan papers and ask what removes a name from the loan. Your divorce agreement decides who pays between you and your spouse, and Maryland Family Law Article section 8-208(c) lets the court order either party to pay. Ask your attorney how your agreement treats the loan.

Can I afford to keep the house?

Add up the full monthly cost on your income alone. In a made-up example, a $425,000 loan at 6.5% for 30 years costs $2,686 a month. With $600 tax and $250 insurance, the total is $3,536. Add repairs and your other debts. Ask a lender before you commit.

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