Does my husband owe me half the mortgage payments until the divorce is final?

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Does my husband owe me half the mortgage payments until the divorce is final?

My husband moved out into his parents home 8 months ago when we decided to get a divorce. I currently live in our home, which has both our names on the mortgage. I have been paying the mortgage myself for these past months. Does my husband owe me half of the mortgage payment for the months he has not paid?

Asked on August 3, 2011 New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your situation.  Yes you are correct: you and your husband are jointly liable for your debt unless and until a court orders otherwise or you agree otherwise in a formal written agreement.  So he is still responsible for the mortgage and the gas and the electric and the taxes and the maintaining the house and upkeep of the home until it is awarded to you solely in the divorce. You can try and get the amount you paid as a set off against a liability or other asset. Now, be careful.  He will still be on the mortgage unless you refinance the house and vice versa should either of you be awarded the asset solely as your own.  Good luck to you.


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