New here and have legal questions.
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| Tue, 05-09-2006 - 2:04pm |
My H and I are still living together but are planning on seperating. We got into a discussion last night about him moving out and not having to pay any of the bills. Legally...even if he's not living in the residence, isn't he responsible for the mortgage (at least that) that still carries his name on it?
I told him that I didn't want this to get ugly, but that if that's the way he was going to play it I would get ugly. We are strapped financially and can hardly make it on our two incomes living in the same house. Basically, we have spent way too much and run up a lot of debt. I'm hoping to get a job out of state to be able to move back home. That way we can sell the house and pay down some of the debt.
So, my basic question is...isn't he legally responsible for the mortgage while he still has his name on the papers? Thanks for you help.

meandjt...
PG's 2 cents:
If BOTH YOUR NAMES are on the mortgage....YOU BOTH ARE RESPONSIBLE FOR PAYING IT! The same holds true for any bills that are in both your names.
The ones addressed specifically to you or to your husband....you'll have to cover yourselves, mutually agree as to who pays what, or consult with a lawyer. A lawyer can also advise you on what steps are necessary if you joint savings certificates, bonds, joint bank or credit union accounts.
It really doesn't matter if each of you is occupying a different space, if the 2 of you are jointly responsible for any type of payment...you either have to share the expenses or draw up a written legal document (which should be witnessed) as to who pays what!
Pianoguy
Hello, and welcome to the board!
The best thing you can do right now is get to an attorney and file the divorce papers. That way, they can issue "pendente lite" orders, or temporary orders while the divorce is going on. You can ask for a variety of things in these orders - temporary alimony, have him pay a portion of the mortgage and bills....etc.
So I'd say your best course of action is to get to