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#213877 - 04/05/07 03:59 PM Spousal Support question
Silky Offline
recently joined

Registered: 04/05/07
Posts: 2
My STBX left in Oct 06. He left and is staying with his parents. He left me with a mortgage and all utilities and hasn't assisted financially since then. I have tried to reconcile and thought we were on that path when he told me he has been dating. I have finally served him. I am asking for 1/3 of the mortgage until the property is sold(which could take a while). His parents will be doing his response and I am sure that they will deny the $ that I am asking for in support. I make more $ than him but am unable to maintain the house, utilities, gas to work etc to live there. The house is financed in my name and deeded to both of us. His parents will lie and say he is paying them $ for rent. What are my chances for receiving assistance from him until the property is sold?

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#213878 - 04/05/07 05:33 PM Re: Spousal Support question [Re: Silky]
googledad Offline
Carpal \'Tunnel

Registered: 12/31/05
Posts: 10213
How long have you been married ?
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#213879 - 04/05/07 05:37 PM Re: Spousal Support question [Re: googledad]
Silky Offline
recently joined

Registered: 04/05/07
Posts: 2
almost 8 years

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#213880 - 04/05/07 05:48 PM Re: Spousal Support question [Re: Silky]
googledad Offline
Carpal \'Tunnel

Registered: 12/31/05
Posts: 10213
You can ask but it's not likely as you already make more than he does . Consider economizing .
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#213881 - 04/06/07 05:21 PM Re: Spousal Support question [Re: Silky]
Gecko Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 20602
Loc: Third rock from the sun
Since you earn more, it is doubtful that the courts will order him to assist you with all the expenses...at best you might get an order for the mortgage, but good luck on trying to collect it.

What I would recommend is that you get him to sign a Quit Claim on the Deed and to surrender ANY and ALL interest in the property. While he would be legally entitled to half the equity in the property, I doubt there is much after 8 years beyond the initial down payment and I would put forth to him that since you are carrying the burden of all the expenses, that his share of the expenses will eat away at his share of the equity and by the time the house is sold, and those expenses paid for, he won't have anything left.

Once you get the QC, I would then either see if you can refinace to lower your payment or get a roommate until the house sells. And if he doesn't go for the QC, I would probably still look into a roommate.
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