Who is responsible for the bills during a separation?

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Who is responsible for the bills during a separation?

My son and his wife are separated; they have 3 children. They jointly own their home. She has never worked outside the home and still doesn’t. She is filing for divorce. Is it OK for him to put all the bills regarding the household in her name since she is in the house? Also, what is his legal requirement about the house payments until the divorce is final?

Asked on January 21, 2013 under Family Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country, the son absent a court order to the contrary can legally place all bills of the marriage in his name to ensure that he gets them and that they will be paid. As to house payments, assuming the son and the daughter in law are on title to the home and are obligated on the loan secured by a mortgage, the son should continue making the payments so as to avoid the property going into foreclosure.


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