Are mortgage interest and property taxes paid by one estranged spouse considered divisible property in ED? What about interest paid on a home equity line that was used to fund both pre and post separation repairs and improvements to the marital residence?
According to statutes listed on your website:
(4) “Divisible property” means all real and personal property as set forth below:…
d. Increases and decreases in marital debt and financing charges and interest related to marital debt…
So I am a little confused when you (Rosen attorneys) tell people that they are not obligated to pay the mortgage upon separation as it will only potentially affect their credit rating. It seems like the statutes classify financing charges and interest related to marital debt as divisible property. Also, no mention is made of property taxes. Are property taxes considered a marital obligation/debt?
Please explain. Thanks in advance.