If I have been living in the marital home since separation and paying all costs, am I entitled to recoup a portion of those costs in the settlement?

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If I have been living in the marital home since separation and paying all costs, am I entitled to recoup a portion of those costs in the settlement?

Home is in both parties’ names. We will be selling the home ASAP.

Asked on February 28, 2011 under Family Law, Wisconsin

Answers:

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

Answered 10 years ago | Contributor

Well it depends.  Were you awarded the marital home during the separation? Weer you ordered to pay for all the costs prior to the divorce?  It is very difficult to say what you should do not knowing the full facts of the case.  Generally speaking, and without knowing more, you and your spouse are jointly responsible for the home and the payments made for the mortgage (assuming your spouse is on the note), maintenance and upkeep.  You can ask for a set off in the settlement or a credit for the amount that you have paid out alone that as joint responsibility from the proceeds of the distribution of the assets.  It never hurts to ask.


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