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  1. #1
    Join Date
    Sep 2016
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    Default Reimbursement of Mortgage Payments When a Property is Sold

    In a divorce case, the divorced couple owned a piece of property that they were not able to sell before the divorce concluded. The judgment requires that the husband pay the mortgage and that, when the property is sold, one half of all of the mortgage payments made by the ex-husband be repaid by the ex-wife out of her half of the proceeds. Would the date upon which the wife's obligation to reimburse her ex-husband start on the date they separated, the date she filed for divorce, or the date the divorce judgment was entered?

  2. #2
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    Sep 2005
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    Default Re: Reimbursement of Mortgage Payments When a Property is Sold

    Unfortunately, it is not possible to answer that question without reading the divorce judgment. Even with the judgment in hand, there may be some ambiguity. If the couple does not agree on the meaning of the judgment, and their attorneys have different opinions, it may be necessary to have the court decide.

    One way to assess responsibility would be to consider what happened with similar assets and obligations divided in the divorce. If the divorce judgment consistently used a specific date for the valuation of assets and debts, and for separation of responsibility for assets and debts, then absent something to the contrary in the divorce judgment it is likely that the court would apply the same date in relation to the property.

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