There was a good article today on divorcing and mortgages in today’s tribune (link below). We often get asked questions about this issue. Just because a divorce agreement says one spouse is responsible for the mortgage doesn’t mean you are off the hook with the lender. As the article suggests, unless the mortgage is refinanced or the mortgage company agrees in writing to remove you, you are still liable for the mortgage. This can cause headaches and credit report damage later if the mortgage is not paid on time. The best practice is to have the spouse who is going to be responsible for the mortgage refinance the house into his or her own name only.