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Ask Barrister Your Own Question
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 37066
Experience:  Attorney with 16 years experience
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My spouse and I are separate and we are pending a divorce.

Customer Question

My spouse and I are separate and we are pending a divorce. We own two homes one in Florida and in NY. She is on both mortgages and we both are not living in the house in Florida. Her daughter and the grandkids are living in the one in NY. Since the separation she has not contributed towards the mortgage payments. This January she moved out with her boyfriend from the house in Florida. Since March last year I have been paying mortgages because Florida required me to continue to pay the mortgage (regardless if her boyfriend was living there) so to not deprive her of housing. I also paid for the utilities even while her boyfriend lived there.
My question is how much of the mortgage is she responsible for the house in NY as well as in Florida? She retained all of her income and paid for nothing, including repairs, the care and maintenance of either house during this period of time. We were not legally separated and no agreement was ever made regarding the mortgages for the homes.
Submitted: 2 years ago.
Category: Family Law
Expert:  retireddebra replied 2 years ago.
Do you live in Canada or the US?
Customer: replied 2 years ago.
In the USA
Expert:  Barrister replied 2 years ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
If you both are on the mortgages for the houses then you are both equally liable for them and in any divorce action you could ask to be reimbursed for half of any payments or expenses that you paid for them while she was simply living there at your expense.
She wouldn't be entitled to receive the benefits of the mortgage being paid and maintenance for both the houses without also being liable for half those costs.
So this should be addressed in any marital property settlement so as to reimburse you out of any marital assets for you essentially paying her half as well as yours.

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