In ED, is the use of the marital home an asset?


we have a very nice home that will end up being sold as part of ED. stbx is living in it and is paying half the mortgage, I pay the other half… plus the cost of my apartment! problem is that the house may take a very long time to sell during which period she gets “free” use of the house while I’m paying rent. would a judge impute some sort of “rent” charge for her use of the home? if house takes a year to sell we are talking about a lot of money.


According to the Equitable Distribution laws in North Carolina you are entitled to one half of the principal reduction on the mortgage during the period after the date of separation up to the point of distribution.
Are you ordered to pay one half of the mortgage as part of spousal support, or is this something you are doing on your own accord?


I agreed to pay half the mortgage in lieu of PSS. My question really relates to what happens after the divorce is granted (imminently). (ED process will still be ongoing at that point.) If a sale of the home is ordered under ED, and she gets to live in it while it is on the market (which could be a very long while) and I am paying half the mortgage, shouldn’t some “rent” be imputed? In effect she would be enjoying full use of the home for only half the cost thereof.


You can argue that you should receive ? of the principal reduction from the date you began paying the post-separation support up to the point that the home sells, however no rent will be imputed to her.
The support you are paying is also deductible from your gross income according to the IRS.