AS PER MY NEW YORK STATE DIVORCE SETTLEMENT, I AM REQUIRED TO PAY THE COMMONS CHARGES ($500) ON THE CONDO THAT MY EX-HUSBAND AND I CO-OWN UNTIL SUCH TIME AS HE IS ABLE TO REFINANCE OR WE PUT THE CONDO UP FOR SALE IN MARCH OF 2013. THIS WAS DONE IN LIEU OF SENDING HIM A MONTLY MAINTENANCE CHECK AS HE MAKES LESS THAN I DO. HE IS REQUIRED TO PAY FOR ANY UPKEEP OF THE CONDO AND THE MONTHLY MORTGAGE. HE HAS DONE THIS AND REMAINS IN COMPLIANCE. HE HAS EXCLUSIVE RIGHTS TO THE CONDO AS I DID NOT WANT IT. HOWEVER, I STILL AM RESPONSIBLE FOR 50% OF THE LIABILITY OF THE CONDO UNTIL IT IS SOLD.HOWEVER, I JUST DISCOVERED (HE DID NOT TELL ME) AND HAVE PROOF THAT HE HAS HAD HIS GIRLFRIEND MOVE IN WITH HIM THIS PAST MONTH. THIS MEANS THAT THERE ARE TWO PEOPLE WITH TWO INCOMES NOW LIVING IN THE CONDO THAT CAN MORE THAN COVER THE MONTLY COMMONS CHARGES I AM PAYING. THIS ISSUE WAS NOT ADDRESSED IN OUR SETTLEMENT AS HE CLEARLY STATED THAT HE DID NOT INTEND TO TAKE IN A ROOMMATE FOR ASSISTANCE IN COVERING THE CHARGES. IN ADDITION, I WILL NOT BENEFIT IN ANYWAY FROM THE SALE OF THE CONDO AS IT IS UNDERWATER. THERE ISN'T ANY PROVISION IN OUR PAPERWORK AS TO CONSEQUENCES IF I FAIL TO PAY THE COMMONS CHARGES.GIVEN THAT HIS MONETARY CIRCUMSTANCES HAVE CHANGED DUE TO THE ADDITION OF THE ROOMMATE, DO I HAVE ANY LEGAL RIGHTS TO HAVE THE COMMONS FEE PORTION OF OUR PROPERTY SETTLEMENT MODIFIED OR CHANGED? THANK YOU!
State/Country relating to question: New York
MUCH RESEARCH ON THE INTERNET REGARDING MY QUESTION
CONTACTED THE MEDIATOR/LAWYER THAT HANDLED OUR DIVORCE AND HAVEN'T HEARD BACK YET.
Hi, Kimberly, and Welcome to JustAnswer, and Thank you for your question
I am sorry that you found yourself paying for property which your husband has decided to occupy with is girlfriend. If you were paying your husband spousal maintenance, you would be allowed to file a Petition to Modify Spousal Maintenance and ask that it be terminated because he was cohabitating with his girlfriend. You should be able to file a Petition to Modify and ask the Court to terminate your obligation to pay the monthly Condo Maintenance fee since this payment by you is "in lieu of Spousal Maintenance" and your husband cohabitating with his girlfriend should give you the same right to terminate. You should include that in your Petition as well as the argument that your husband would have no incentive to refinance since you continue to pay the monthly Condo Maintenance. In addition, you should also state that it was never the intention of the parties to have you supporting a third person who is not your relative, which is exactly what you are doing. Please be kind enough to rate my service to you as "Excellent", If you rate me at anything less than 3 stars, it will appear as a negative rating against my name,
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25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
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