Marital debt


#1

Dear Janice:

Greetings. I think that the two of you are not looking at the situation correctly. Yes, the mortgage and insurance should, most likely, be paid by the person living in the house - this is similar to a rental situation (meaning if you moved out you would have to pay rent), but since he earns more than you, he will have to pay you alimony to help you with the costs of paying the mortgage and other bills.

Remember to consult with an attorney. You are likely looking at 10+ years of alimony, so the cost of an attorney is clearly less than the alimony you will receive. You want to be careful trying to negotiate this on your own without an attorney, since the tax consequences and drafting issues that surround alimony can be tricky. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

My husband and I have recently separated after 19 years. He left our marital home. He believes because at this time I am still in the house, all the mortgages and insurance on the home are my responsibility. I realize the lender could care less as to who makes the payments. I want to know should he pay half of mortgage or is it now my responsibility? He makes about $10-15,000 more than me.