Let’s Talk About That Mortgage!

Equitable distribution is a mouthful that describes the division of the parties’ marital assets and liabilities during a divorce. We divorce lawyers aim to protect our clients’ assets. We also help divide up what has been accumulated during the marriage- the cars, the boats, the furniture, the bank accounts, the pensions, IRAs, jewelry, collections and electronics! Yes, equitable means fair, but during a divorce it doesn’t always seem that way. One of the problems most divorcing couples face is who will take over the mortgage on the marital home. Remember, both of you signed that note when things were going well. The bank is an institution and it does not have feelings and it does not “care” that you are getting a divorce. The bank sees only that two of you signed a contract to pay. The judge cannot force the bank to change the obligation on the note as part of the divorce decree.