When completing a financial affidavit for a divorce and both parties live in the same house, should both of them include the same expenses?

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When completing a financial affidavit for a divorce and both parties live in the same house, should both of them include the same expenses?

My wife and I are in the process of a divorce. I received the Domestic Relations Financial Affidavit from her lawyer. She included in her expense section all the household expenses, including mortgage, property taxes, etc. However she is not paying these expenses – I am. She currently lives in one room of the house, with shared access to the kitchen, living room and other areas. She currently is not contributing the the house in any way. I would think I would be the only one that could claim these expenses, as I am the one paying.

Asked on June 20, 2011 under Family Law, Georgia

Answers:

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

Answered 10 years ago | Contributor

I can understand how you may in fact be quite annoyed by the situation as you describe it.  But what you do not realize is that the affidavits are intended to make the court aware of your financial obligations and not only what you are actually paying out of your pocket.  That information wil come to light as well.  In the meantime if her name is on the mortgage it is still her obligation to pay it even though she is not.  Same holds true for the car loan, the utilities, the credit card bills, etc.  I would really suggest that you seek help from an attorney in your area on the matter as soon as you possibly can.  Good luck to you.  


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