Key points
- Both people usually remain responsible to the lender for a joint mortgage or loan, whoever lives in the house.
- Many people agree in writing who pays what in the meantime, and keep records. How those payments are treated in the final settlement depends on the circumstances, so it’s worth asking a lawyer.
- Either person can often withdraw from a joint account or use a redraw facility. Your bank or lender can explain the options for joint accounts early on.
- If you can’t keep up with payments, it helps to contact the lender early. Lenders have hardship processes, and the National Debt Helpline is free.
- FenceChat filters hostility out of your ex’s emails and texts, so bill and payment messages stay about amounts and dates.
A friendly note: This guide shares general information to help you understand your options. It isn’t legal advice, and it can’t tell you what to do in your own situation. For that, a lawyer or a free legal service is the best next step, and you’ll find some in Where to get help.
Who pays the mortgage after separation?
There is no single answer, but one thing usually stays the same: if the mortgage is in both names, both people remain responsible to the lender until it is refinanced or the property is sold. Missed payments can affect both credit records, whoever lives in the house.
Common interim arrangements include the person staying in the house paying the mortgage, splitting it as before, or one person paying the mortgage while the other covers other costs. Whatever you agree, many people write it down and keep records of every payment. How interim payments are treated in the final property settlement depends on the circumstances, and a lawyer or free legal service can explain how it applies to you. See our guide to property settlement after separation.
This guide is general information, not legal or financial advice.
Joint bank accounts and shared debts
- Joint accounts. Either person can usually withdraw money. Some people ask the bank to require both signatures for withdrawals, or agree to close the account and split the balance.
- Redraw and offset facilities. These can often be used by one person alone. Your lender can explain who can use them and what options are available.
- Credit cards and personal loans. Joint debts usually stay joint. An additional cardholder’s spending may be the primary cardholder’s responsibility.
- Your own account. Many people open an account in their own name for their income and update where their pay goes. If you share an address, device or online banking logins, check where statements and alerts will be sent.
Moneysmart’s separation financial checklist walks through accounts, debts, super and insurance step by step.
Splitting household bills while you separate
Electricity, internet, insurance, rates and school costs keep coming while the bigger decisions are being made. A simple written list prevents most arguments:
- List each bill, its usual amount and due date.
- Agree who pays each one, or the split, from a set date.
- Move bills into the name of the person staying in the house when you can if you agree.
Example message: “The electricity bill of $412 is due on the 20th. As agreed, I’ve paid my half today. The receipt is attached.”
If you can’t keep up with payments
Separation often means one income covering costs that two used to share. If you’re falling behind:
- Contact your lender early. Lenders have financial hardship processes, explained by Moneysmart.
- Call the National Debt Helpline on 1800 007 007 for free, confidential financial counselling in Australia.
- Check what support you may be eligible for through Services Australia if you have children.
In the US, the Consumer Financial Protection Bureau has information on talking to your mortgage servicer.
Keeping money messages short and calm
Bills and payments are some of the most frequent messages between separated couples, and some of the most likely to turn sour. Keep each one to an amount, a date and an action. Leave out comments about spending or fairness, which belong in the settlement, not a text. If a reply comes back full of blame, answer the practical point only: “Thanks. The amount still owing is $206. Please pay it by Friday.”
If one person is controlling access to money or using it to intimidate, that can be a form of financial abuse. The services listed below can help.
How FenceChat helps: Money messages are where a lot of hostility lands. FenceChat filters hostile, manipulative language out of your ex’s emails and texts before you read them and passes on the amounts, dates and decisions. They keep using email or text as normal, and every original message is kept in your Archive, so you have a complete record of what was said about amounts and payments.
If you feel unsafe: Message habits and a filter are not a safety plan. If you are worried about your safety, contact one of the services below, or call emergency services if you are in danger.
Where to get help
These services are free or low-cost. If you or someone else is in danger, call your local emergency number first.
Australia
Free or low-cost legal help
- National Legal Aid Find free legal help in your state or territory.
- Law Council of Australia Links to each state law society, which can refer you to a lawyer.
Separation and co-parenting
- Family Relationship Advice Line Free government information and referrals for separated families. 1800 050 321.
- Relationships Australia Counselling and family dispute resolution.
- Federal Circuit and Family Court How parenting orders and family court processes work.
Someone to talk to
- Lifeline Crisis support and suicide prevention, any time. 13 11 14.
- Beyond Blue Support for anxiety, stress and low mood. 1300 22 4636.
If you feel unsafe
- Emergency: 000 Police, ambulance or fire, if you or someone else is in danger.
- 1800RESPECT Free, confidential counselling for family, domestic and sexual violence, any time. 1800 737 732.
United States
Free or low-cost legal help
- Legal Services Corporation Find free civil legal aid near you.
- LawHelp.org Free legal information and help, by state.
Separation and co-parenting
- Child Welfare Information Gateway Government information on child wellbeing and family support.
- LawHelp.org Free legal information about custody and family law, by state.
Someone to talk to
- 988 Suicide & Crisis Lifeline Call or text 988 for crisis support, any time.
If you feel unsafe
- Emergency: 911 Police, ambulance or fire, if you or someone else is in danger.
- National Domestic Violence Hotline Free, confidential support, any time. Call 1-800-799-7233 or text START to 88788.
United Kingdom
Free or low-cost legal help
- Citizens Advice Free, confidential advice on legal and everyday problems.
- Law Society: Find a Solicitor Find a solicitor near you.
Separation and co-parenting
- Family Mediation Council Find an accredited family mediator.
- Citizens Advice: child arrangements Free guidance on making arrangements for children.
Someone to talk to
- Samaritans Someone to talk to, any time. Call 116 123.
- Mind Mental health information and support.
If you feel unsafe
- Emergency: 999 Police, ambulance or fire, if you or someone else is in danger.
- National Domestic Abuse Helpline Free, confidential support, any time. 0808 2000 247.
Frequently asked questions
Who pays the mortgage after separation in Australia?
If the mortgage is in both names, both people usually remain responsible to the lender until it is refinanced or the property is sold. How payments made in the meantime are treated in the final settlement depends on the circumstances, so a lawyer or free legal service is the best guide. This is general information, not legal or financial advice.
What happens to a joint bank account when you separate?
Either person can usually withdraw from it. Many people ask the bank to require both people to approve withdrawals, or agree to close it and split the balance. Your bank can explain the options, including for redraw and offset facilities. This is general information, not financial advice.
How do you split bills after separation?
List each bill with its amount and due date, agree who pays what from a set date, move bills into the name of the person staying in the home where possible, and keep receipts in one shared place.
What if I can’t afford the mortgage after separation?
Contact your lender early about hardship options, and call the National Debt Helpline on 1800 007 007 for free financial counselling in Australia.
How does FenceChat help with money messages after separation?
FenceChat filters hostile language out of your ex’s emails and texts and passes on amounts, dates and decisions. Every original message is kept in your Archive as a record.