What Happens If Your Ex Doesn’t Pay the Mortgage After Divorce in Massachusetts?

I worked with a woman in Plymouth, MA, whose divorce had been finalized for some time. As part of their agreement, her ex-husband was supposed to make the payments on the second mortgage on their jointly owned Plymouth condominium.

It was structured that way to “make things fair” based on each person's income and debts.

The Surprise at Payoff

When she later decided to sell the condo in Plymouth, she contacted the lender to request payoff figures, a routine step before listing.

That’s when she learned her ex never made a single payment on the second mortgage.

Not one.

Even though the divorce judgment assigned him responsibility, the loan remained in both their names. From the lender’s perspective, they were both fully liable.

And because those payments were missed, the balance had grown with interest, penalties, and fees.

Why This Matters in Massachusetts

In Massachusetts, a divorce judgment can assign mortgage responsibility, but it does not remove a borrower from the loan.

Unless:

• The loan is refinanced.

• Or paid off

Both borrowers remain legally responsible.

So, the property was now in a distressed situation, and we had to sell it as a short sale.

The Lesson

✔ Confirm whether the loan has been refinanced.
✔ Monitor the account online if your name remains on it.
✔ Request written proof that payments are current.
✔ Pull your credit report periodically.

If you remain on a joint mortgage after divorce in Massachusetts, stay actively involved until the loan is refinanced or paid off.

If you’re navigating divorce and trying to understand the financial effects of the marital home, The House Matters in Divorce by Laurel Starks is a thoughtful resource that focuses specifically on real estate decisions during divorce.