When a Utah couple divorced, the wife got to live in the couple’s house. Although both spouses’ names were on the mortgage, the wife was ordered to make the mortgage payments.
After some time went by, the wife developed a constant pattern of paying the mortgage late. As a consequence, the husband’s credit score suffered.
Finally, the husband sued the wife, claiming she had violated the divorce agreement.
The wife replied that she had always made the payments, even though they were late, and that the husband couldn’t complain unless she had actually defaulted on the loan and the lender had come after the husband for the money.
But the Utah Court of Appeals disagreed. It said the agreement meant that the wife not only had to pay the mortgage, but also had to do so on time, so as to protect the husband from any financial harm resulting from late payments.