Does ex have to pay for 1/2 the mortgage of marital home?


#1

My ex and I have been separated since July. I am living in the marital home (jointly owned), but I am being told that I must make all the mortgage payments by myself…and PERHAPS I may get half the amount that’s applied to the “prinicipal” back when we get to property distribution. I have a $1,200 monthly payment and only $300 of that goes towards the principal. So my ex is only going to be responsible for $150/mth of the $1,200 yet he will get HALF the profit in our home??? That makes no sense to me. He should be responsible for half the $1,200 since our names are equally on the mortgage loan and deed.

I tried to file for financial assistance thru my mortgage provider, but in order to do that, I must fill out financial information on my ex as well as mine. I have no access to his information nor will he give it to me.

Can someone explain what the law is regarding mortgage payments? I am at my wit’s end trying to make these payments as a single mom with 3 kids.

Thanks!


#2

You may file an action for equitable distribution and seek an interim order for the court to allocate the mortgage debt in an equal manner, however as with life, there are no guarantee’s as to what a judge would do and it would depend on the specifics of your case.

As for the valuation of your contribution, there is the argument that you will be entitled to receive credit for the “rental value” of the home, which is normally considered to be the same as the monthly mortgage payment.