Who pays the mortgage while the divorce is going on?
Here's the cold fact that should drive every decision: the mortgage doesn't know you're divorcing. If both names are on the loan, both credit scores take the hit when a payment is missed — including the spouse who moved out, including the spouse who "isn't responsible for it" in some handshake deal. A missed payment now follows both of you into the next chapter, right when each of you needs your credit to stand on its own.
So get the answer in writing, early. Couples commonly split it, or the spouse living there carries it, or it comes off the top of eventual proceeds — any of those can work. What doesn't work is ambiguity. If you can't agree, temporary court orders can assign responsibility while the divorce proceeds; that's your attorney's lane, and this isn't legal advice.
One more honest note: if neither of you can realistically carry it, say so out loud now. A controlled sale beats a slow slide toward missed payments every single time — and I've seen both endings up close.
I wrote this answer, and I stand behind it. I'm Chris Deutsch, a Minneapolis Realtor (MN #20382264). Twenty-five years of walking these neighborhoods, checking basements, and sitting across kitchen tables from people making exactly this call. I re-check every answer and date it — this one was last verified .
If your situation is more specific than the market, that's the one worth talking through. Email me at chris@lakesarearealty.com.