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does mortgage payment responsibility fall equally on both the

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does mortgage payment responsibility fall equally on both the plaintiff and the defendant in a legal separation?
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. When you legally separate, the court makes decisions about how to divide the property that the spouses or domestic partners bought during the marriage, as well as the debts that have been incurred.
This does not mean that you have to go in front of a judge to decide these issues. Often, couples are able to divide their property (and their debts) by agreement. Until you are legally separated or divorced, the property you got during the marriage or domestic partnership belongs to the 2 of you, no matter who is using it or who has control of it. The same is true of debts. If you divide them between you without a court order (or without a judge signing off on your agreement), the debt continues to belong to the 2 of you and you are both responsible for it, even if the 2 of you split it up informally. With that being said, if the home is a marital asset and owned by both of you, you would each share in the responsibility to pay the mortgage. of course, if one party is living there at the time, they may be inclined to contribute a great portion, since the other party still needs to find another place to live and incur the cost.

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