Payment of Household Expenses and Mortgages While Divorce is Pending
My question involves a marriage in the state of NY.
BACKGROUND:
Just curious... my cousin is getting divorced... its looks like a long fight. My question is this.
My cousin and her husband own one house together, where she currently lives ... as well as another apartment in her (my cousins) name only, although was accrued during marriage (went in her name as she has better credit)
He moved out of house they shared.. and moved into the rental.
She is paying bills for BOTH houses, house she lives in which is in both their names, as well as rental house he is in which is in her name only.
He has not paid any of the bills for the rental house... . leaving her to pay them all, since he moved in in May.
She has kept documentation asking to pay for that mortgage since he is now living there. He ignores them.
(side note: He is also not paying any child support for two children as of yet,,, as they went to mediator and that failed after 6 months and now waiting to go to court to get divorced. So .. at this time.. she is paying for both houses.. and all kids things... on a secretaries salary/all her savings. He removed direct deposit so he provides no monetary help at this time)
They are going to a referee in a months time .. if the ex husband shows up.
QUESTIONS:
Can the referee state that he does not legally have to pay the bills for the other home since it is in her name?
We are worried as she is running out of all her savings and will do so by October.
What can she do?.. to get him to pay the bills of the rental house he lives in?
Can she expedite this at all?
Any help would be great .. thanks!
Re: Payment of Household Expenses and Mortgages While Divorce is Pending
Is she contending that the apartment is her separate property, or is she agreeing that it's marital property but was in her name due to her husband's bad credit? What position is he taking?
If everybody agrees that it's a marital asset, then the support of that apartment would be a marital debt.
She should (a) work with a lawyer and (b) attempt to get a temporary order in place detailing how bills will be paid pending the resolution of the divorce.
Re: Payment of Household Expenses and Mortgages While Divorce is Pending
Quote:
Quoting
Mr. Knowitall
Is she contending that the apartment is her separate property, or is she agreeing that it's marital property but was in her name due to her husband's bad credit? What position is he taking?
If everybody agrees that it's a marital asset, then the support of that apartment would be a marital debt.
She should (a) work with a lawyer and (b) attempt to get a temporary order in place detailing how bills will be paid pending the resolution of the divorce.
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Hi... thank you so much for responding and helping us with this issue.
She is not contending that the apartment is her separate property, as she has said that they purchased it together, albeit in her name, during the marriage.
They have a date with the referee in a weeks time (would this be her attempt to get a temporary order in place?), as she is trying to sue him to make him pay for the mortgage for this apartment. She hasn't even gone to court yet in regards to the divorce... I guess that will follow.
The issue is, he finished law school two years ago and so is aware of the ins and outs of the legal system much more then her. He is also a local police officer, so he has that on his side. He has told her that he wants to drag her down and cause her to go bankrupt,.. as he is trying to destroy her, as he has stated... and so far is fairly successful.
She has retained a lawyer, but he doesn't seem to realize the urgency or dire straits that her ex is placing her and the two small children in, or he is not that good of a lawyer, because at this point we are just waiting for the date with the referee regarding this lawsuit to pay the mortgage, and it has nothing to do with the actual divorce or his need to pay child support.
Is there any way to expedite this?
Since you state that "if it is a marital asset, it will be considered marital debt" can I conclude that eventually he will be forced to repay this money?
Is there anything you can recommend, as since she does not have much left in the bank... she really needs him to pay for the children and the apartment he is living in?
Do you recommend her trying to sell the rental apt where he is residing if he continues to not pay for the mortgage?
Lastly, do you have a approx. timeline as to how long it will take her to begin to receive some child support?
I truly appreciate your help in this matter .... honestly it is a complete blessing as the entire family is at our wits end as to how to help her, as well as wondering what the future may hold.
Re: Payment of Household Expenses and Mortgages While Divorce is Pending
If you both remain in the home, each of you can contribute to the mortgage or rent payments in proportion to your share of the overall income. If you only earn 40 percent of that income, you should pay 40 percent of the mortgage. Then compile a list of all the utility payments you make. Try to assign them between you so that the accounts your spouse takes represent roughly 60 percent of the total, and you take the other 40 percent. If the accounts are in your name, however, monitor them periodically to make sure that your spouse is paying the ones she is responsible for. No matter what your private arrangement is, a utility company can still come after you for payment is she falls behind.