When can I stop paying utilities at my home for my spouse and still keep my interest in the house?

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When can I stop paying utilities at my home for my spouse and still keep my interest in the house?

My husband and I are separated and I am in the process of filing for divorce. I have already moved out and I was responsible for paying utilities and groceries when we were together and he was responsible for mortgage and taxes. When can i legally stop paying these but still keep my interest in the house when we sell it?

Asked on November 2, 2011 under Family Law, Illinois

Answers:

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

Answered 9 years ago | Contributor

I am so sorry that things did not work out for you and for your husband.  As long as you remain having an interest in the house you are responsible for the payment of not only the utilities - as per your agreement when you lived there - but also for the mortgage and the taxes and the upkeep and the maintenance.  I am assuming that you are on the mortgage as well as the deed, correct?  Then if he defaults the lender will come after you as much as they will come after him.  Just because you move out doe not mean that you are not still responsible.  So unless he agrees to allow you to have the benefit with out any of the burden you remain responsible.  Good luck.


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