hiccup
recently joined
Reged: 10/02/05
Posts: 8
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Couple questions. Recently separated and both wife and I are out of our home with intention to sell. Wife is making mortgage payments. I am paying other bills related to the home such as electric, water, hoa, etc. Items from home has already been claimed and separated.
1. Am I responsible for half of the mortgage? Our agreement was only that she pays for it till the house is sold. If it comes to court, this will be he said she said meaning she may attempt to collect half, if she is entitled. So, am I responsible for half of the mortgage?
2. How about other bills related to the home? Though I am paying, can I hold her accountable for half or some portion?
3. She took her stuff, I took my stuff. However, there are some items that are not strictly hers and not strictly mine, though they have already been claimed. Could she claim items I took through court?
Going pro se so would appreciate recommendations without an attorney involvement.
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Pete
member
Reged: 12/30/04
Posts: 132
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technically, yes you are responsible for half the mortgage, but it sounds as if you have been in agreement so far. If this were argued in court, and you added up the mortgage against all the other bills is it even? It could easily be resolved by allocating funds from the proceed of sale to "reimburse" her for anything in excess of your contributions.
I would wait until she actually makes an issue of this in court before stressing out about it.
If you have already divided possessions, the court will not interfere unless she makes it an issue.
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Integrity is doing the right thing when no one is looking.
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stayathomedad
recently joined
Reged: 11/06/05
Posts: 4
Loc: Southwest Louisiana
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Consult a certified divorce financial planner.
https://www.institutedfa.com/
Both of you removing property from the home will definitely result in a he said/she said situation. If it is possible compile a snapshot list of everything in the home. Regardless of who claims it. Unless it is a gift or inherited- it could be up for grabs after the partioning of community property. The CDFP can do many things for you as an individual or you can have them work for both of you to reach a amicable settlement. They are much cheaper than court & you have a say in the matter. I have been there & done that!
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Knowledge & Research are Your Best Defense!
Bryan
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