[briana114]

...half the mortgage while the house is for sale ? if the house is both of their names

[F U]

no..it doesnt work like that..if any one of you decides to not pay the FULL amount..it'll go on both your credit reports.. there is no law that says each of you HAVE to pay half the mortgage

[moonlightonalake]

Legally, yes. However, if your spouse is refusing to pay you will have to take him or her to court to compel them to contribute, and not everybody has the money or the inclination to do so. If they refuse you can try and explain the situation to your lender, and you can make sure this is taken into account when any proceeds from the sale are shared out. My (now ex) husband left me, but refused to contribute towards the mortgage because me and the kids lived in our house and he had to pay rent elsewhere, but fortunately we sold the house quickly.