Who pays the mortgage after separation?

This question is often important to property settlement discussions post-separation, when budgets are at times in a state of flux and are at other times stretched to their absolute maximum.

The first and most important thing to remember is that if the mortgage is in ‘joint names’, then both parties are legally responsible for the payment of the mortgage. If the mortgage repayments are not made and the mortgage is defaulted, then the bank may take possession of the property and sell it.