Written by Sophia Caprio - Caprio Law

Updated on: September 2, 2026

When a married couple owns a home together, deciding who will keep the property is often only one part of the issue. The mortgage attached to that home must also be addressed, and unfortunately, dividing this particular financial obligation is not always as simple as deciding which spouse will continue living there. If you are currently going through a divorce in Rhode Island, you should understand that the court may assign responsibility for paying the mortgage to either you or your spouse, but this does not necessarily change the agreement you and your spouse previously made with your lender. Please continue reading to learn more about how mortgages are handled during Rhode Island divorces and how a seasoned Providence divorce lawyer can work to protect your best interests at every turn. Here are some of the questions you may have:

Who Is Responsible for Paying the Mortgage During a Divorce?

Until the Rhode Island Family Court issues an order or you and your spouse reach an agreement, the mortgage should typically continue to be paid according to the terms of the existing loan. Failing to make timely mortgage payments can create serious consequences, including damage to one or both spouses’ credit, late fees, a reduction in the equity available for distribution, and, in the worst cases, foreclosure.

While the divorce remains pending, the court may issue temporary orders addressing who will pay the mortgage and other expenses associated with the home. This may differ from how the parties handled those expenses during the marriage..

Some of the factors that may be considered when addressing mortgage payments are as follows:

  • Which spouse currently lives in the marital home
  • Whether minor children also reside in the property
  • Each spouse’s income and ability to contribute
  • The amount of child support or alimony being paid
  • The cost of property taxes, insurance, maintenance, and repairs
  • Whether either spouse has another suitable place to live
  • Whether preserving the home is financially realistic while the divorce is pending

Importantly, you should keep records of all payments made toward the mortgage, taxes, insurance, and necessary repairs, as these payments may become relevant when the court ultimately divides the marital property.

What Can Happen to the Marital Home and Mortgage?

Rhode Island is an equitable distribution state, which means marital property is divided according to what the court believes is fair rather than automatically being divided equally. Under Rhode Island General Laws § 15-5-16.1, the court can consider various factors, including the duration of the marriage, each spouse’s financial and nonfinancial contributions, their income and employability, and whether a custodial parent needs to remain in the marital residence with the children. Generally, a mortgaged marital home may be handled in one of the following ways:

  • One spouse may be awarded temporary exclusive use of the home while the case is pending: This does not necessarily decide who will ultimately keep the property, but it may provide stability while the divorce is ongoing.
  • The home may be sold: The mortgage and applicable closing costs can be paid from the sale proceeds, after which the remaining equity may be divided equitably between the spouses.
  • One spouse may keep the home: The spouse retaining the property may have to purchase the other spouse’s share of the equity and refinance or assume the existing mortgage.
  • Other marital assets may be used to offset the home’s value: For example, one spouse may receive the house while the other receives a greater portion of retirement funds, bank accounts, or other property.

Rhode Island law also allows a court to defer the sale of the family home when doing so is financially realistic and in the children’s best interests. Before ordering this type of arrangement, however, the court must consider whether the mortgage, taxes, insurance, liens, and other expenses can continue to be paid.

Does a Divorce Decree Remove a Spouse From the Mortgage?

Put simply, the answer is no. Although a divorce decree may state that one spouse is responsible for paying the mortgage, the decree does not automatically change the loan agreement with the lender or remove the other spouse’s name from the mortgage.

If both spouses signed the mortgage, both may remain legally responsible for the debt until the loan is paid off, refinanced, or assumed. This is true even if the divorce judgment states that only one spouse is responsible for making the payments. For this reason, our divorce agreements often include specific language requiring the spouse who is responsible for the mortgage to indemnify and hold the other spouse harmless from any missed payments or default associated with the loan. .

Transferring ownership through a deed is not enough by itself. For example, one spouse may sign a deed transferring their ownership interest in the home to the other spouse, but that does not necessarily remove them from the mortgage loan. Therefore, if your former spouse keeps the home but fails to make the required payments, your credit may still be harmed even though the divorce judgment assigned the mortgage to him or her. A spouse may potentially be removed from the mortgage through:

  • Refinancing the mortgage in the retaining spouse’s name
  • Selling the home and paying off the remaining loan balance
  • Completing a lender-approved mortgage assumption

Any divorce agreement involving a mortgage should contain clear terms regarding payment responsibilities, refinancing deadlines, the division of equity, and what will happen if the spouse keeping the home cannot qualify for financing. The agreement should also address who will pay taxes, insurance, utilities, repairs, and other carrying costs while the home is being retained, sold, or refinanced.

Here at Caprio Law, we can evaluate your mortgage documents, assist in determining how much equity exists in the property, and work to protect you from financial problems that could otherwise continue well after your divorce is finalized. We can also help negotiate terms addressing refinance deadlines, sale procedures, buyouts, temporary payment responsibilities, and what should happen if one party does not comply with the agreement.

Contact our legal team for an initial consultation today so we can discuss your circumstances and begin building a comprehensive strategy on your behalf.