If your spouse has left and stopped paying the mortgage, you're at risk of foreclosure and damage to your credit score. You must act quickly to protect your interests. The bank will hold you responsible for the debt, even if your spouse was the primary borrower. You need to know your options and take control of the situation
Based on federal consumer protection law and HUD/CFPB public guidance · Last reviewed July 2026
The Direct Answer
If your spouse abandons the mortgage, you'll be liable for the debt and any missed payments will negatively impact your credit score. The lender will likely send you notices and eventually file a foreclosure lawsuit if payments aren't made.
To avoid this, you can try to assume the loan, refinance the mortgage, or sell the property. You may also be eligible for temporary hardship forbearance or loan modification programs, but these require prompt action and documentation of your financial situation
Do not ignore notices from your lender or assume the problem will resolve itself. Foreclosure can happen quickly, and your credit score will suffer if you don't take action to address the missed payments and mounting debt
Understanding Your Liability
Joint and Several Liability
As a co-signer on the mortgage, you're equally responsible for the debt. The lender can pursue you for the full amount, even if your spouse was the primary borrower.
Review your loan documents to understand your obligations
Check your state's laws on community property and debt responsibility
Assuming the Loan
If you want to keep the property, you may be able to assume the loan. This requires lender approval and a review of your financial situation. You'll need to apply for a loan assumption and provide documentation of your income, credit score, and debt-to-income ratio
Refinancing and Loan Modifications
Refinancing Options
If you're struggling to make payments, you may be able to refinance the mortgage to a lower interest rate or extend the loan term.
Loan Modifications
The lender may be willing to modify the loan terms, such as reducing the interest rate or principal balance, if you're experiencing financial hardship. You'll need to apply for a loan modification and provide documentation of your financial situation
Selling the Property
If you're unable to assume the loan or refinance, you may need to sell the property to avoid foreclosure. Work with a real estate agent to determine the property's value and list it for sale. You may also be able to negotiate a short sale with the lender if the property's value is less than the outstanding mortgage balance
Take Control of Your Mortgage
Don't wait for the lender to take action – reach out to a housing counselor or attorney to discuss your options and create a plan to protect your credit score and avoid foreclosure
It's possible to remove your spouse's name from the mortgage through a loan assumption or refinancing. However, this requires lender approval and a review of your financial situation. You may also need to provide documentation of your divorce or separation
Will I be responsible for my spouse's credit card debt?
As a general rule, you're not responsible for your spouse's credit card debt unless you co-signed the account. However, if you live in a community property state, you may be liable for debts incurred during the marriage. Check your state's laws on community property and debt responsibility
Can I stop making mortgage payments if my spouse is responsible?
No, you should not stop making mortgage payments, even if your spouse is responsible for the debt. As a co-signer, you're equally liable for the loan, and missed payments will negatively impact your credit score. Instead, work with your lender to find a solution, such as a loan modification or temporary hardship forbearance
How will a foreclosure affect my credit score?
A foreclosure will significantly damage your credit score, making it harder to obtain credit in the future. The impact will be long-term, and you may need to wait several years for your credit score to recover. It's essential to take action to avoid foreclosure and protect your credit score