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Household Expenses During Separation: Who Pays?

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QUESTION: My spouse and I have separated and I continue to live in our matrimonial home and make all payments relating to the house (mortgage, hydro, taxes, etc.).   I plan to buy my spouses share of the home but I’m wondering if I’m going to be compensated for making these payments.

Separation, Divorce and Household Payments: Who Pays the Mortgage When One Spouse Has Moved Out?

 Your spouse has moved out, but you are still living in the marital home. The mortgage still has to be paid. The taxes are still due. The roof still needs work. And the grass still has to be cut. Who pays these expenses? Are they all your responsibility or can you ask your ex for help?

In most cases, the spouse who plans to stay in the marital home is responsible for making all payments related to the home and its upkeep. This includes the mortgage, homeowner’s insurance, real estate taxes, repairs, and landscaping. If you keep the home, you won’t be compensated for these payments when the property is divided.

But, what if you are the lower income spouse and you can’t afford to maintain the house on your own? You have the option of selling the home; however, this can be difficult if it is the only home your children have ever known. If you plan to live in the house with your children, you can request spousal support to help pay for the costs of keeping and maintaining the home.  A common solution is to have each spouse be responsible for a portion of the house payments. The spouse who does not keep the house is awarded a future lump sum return for their equity in the home. They will receive this sum when the house is sold.

If neither spouse can afford to pay the mortgage, the property may be sold. Once the mortgage or loan is paid off, and the net proceeds will be divided equitably between the spouses. The spouse who has paid the mortgage, taxes and upkeep will be credited for his or her contribution.

The divorce attorneys at Petrelli Previtera, LLC believe in finding creative solutions to the problems that arise during divorce and separation. Let us help you find the best solution for you and your family. Call 866-465-5395 to schedule an appointment.

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Here's what our clients have to say about working with us. Please note, results may vary based on individual circumstances.

Melinda Previtera, Esq. came highly recommended to our family. Her knowledge base, professionalism, and compassion paved the way for a successful outcome. Melinda is efficient, detailed, and informative. She helps manage expectations, and postures her client for a fair and equitable result. We are happy to recommend Melinda!

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My experience was very good. Everyone was professional and attentive to my needs, keeping me updated every step of the way. I couldn’t ask for a better result, highly recommended.

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My marriage life has been a hell for me for the past four years until I decided to put an end to what has to be ended. Choosing a lawyer was another additional stressful part of the long process. I’m so glad that I’ve found the right one for me at Petrelli Previtera. Life isn’t always fair, but at least having her in my corner, felt even better. I couldn’t recommend her highly enough!

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