Could a wife/mother end up being obliged to pay ongoing mortgage payments for the jointly-owned family home, after she rents separate accommodation for her and the children, even though the court has ordered the husband/father to pay the mortgage as part of a temporary maintenance decision ?By: דיאנה שאלתיאל•Published on: 12 May, 2022
Yes – as a result of decisions, temporary and final that the court may make on two different issues, of maintenance and property rights in the home !
Firstly, a temporary decision made by court need not be similar to its final judgment in the plea. A court has discretion to oblige a husband/father to pay ongoing mortgage payments, within a decision it makes on temporary maintenance. It is not acceptable for a court to burden the husband/father with the full load of the mortgage repayments, within a final judgment on maintenance. However, payment of the ongoing mortgage is likely to guarantee accommodation, indirectly, although the question of mortgage actually belongs to the property relations between the couple. In this connection, the obligation is a mutual obligation on both spouses. However, within the framework of a property plea, the court is allowed to order the couple to pay off the outstanding loan on the mortgage , each paying an equal part, and is not able to oblige one of them to pay off the entire unpaid loan by him/herself.