Who Pays The Mortgage When We Separate?

Are you puzzling over the mortgage responsibilities post-separation? We’re delving deep into this topic today. 

Welcome to the Divorce Collective Podcast where our senior associate Danielle Young at the Collective Family Law Group a highly trusted family law firms Gold Coast, help you navigate the nuances of family law. 

Let’s face it, separation can mean a whirlwind of changes. One major concern that often pops up is: Who’s responsible for the mortgage now? Don’t fret! We’ll tackle this, explaining the various scenarios you might find yourself in.


  • Your Mortgage & Living Under One Roof: If both your names are on the mortgage, both are responsible, even if you’re living together.
  • Joint Mortgage & Living Apart: Often, one person moves out, but who takes on the mortgage? Legally, if both names are on it, both are responsible.
  • Sole Name & Sole Mortgage: When the property and mortgage are solely in your name, you’re the only one the bank looks to for repayments.
  • Sole Name & Joint Mortgage: A peculiar situation where property ownership doesn’t align with mortgage responsibility.
  • PostSeparation Contributions: Think you’ll get back what you pay post-separation? It’s not that simple. How this is approached during property settlement can vary significantly.

Separation can feel like navigating a maze, especially when dealing with mortgages and property settlements. Remember, maintaining open communication with your ex-partner is key. It’s all about finding mutual ground and working towards a solution that’s fair for everyone involved.

If these waters seem a bit too murky, don’t hesitate to lean on experts in the field. For personalised insights on family law and property settlements, book a family law consultation FREE 45minute initial chat with any of our expert divorce lawyer Gold Coast. 




  1. What happens to our joint mortgage if one of us decides to move out after separation?

If both names are on the mortgage, both parties remain legally responsible for ensuring the mortgage repayments are made, regardless of who continues to live in the property. It’s essential to communicate and come to an agreement on how payments will be handled or consult a divorce lawyer Gold Coast for guidance.

  1. Can I get a refund for mortgage payments I made alone post-separation?

Not necessarily. While you might be handling the payments alone post-separation, it doesn’t guarantee a refund of your ex-partner’s share. However, your contributions can be factored into the division of the property pool during settlement. It’s recommended to discuss specifics in a family law consultation free session to understand better.

  1. If the property is in my name but the mortgage is in both our names, am I the only one responsible for the mortgage?

No. If both names are on the mortgage, both parties are responsible for making the repayments, even if the property is solely in one person’s name. Ensure both parties are clear on their responsibilities or seek advice from family law firms Gold Coast to avoid complications.

Disclaimer: The information shared in this podcast is for educational purposes only and should not be considered as legal advice. Every case is unique. Always consult with a qualified legal practitioner regarding your specific circumstances.
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