Paying half his rent + mortgage


#1

Dear Marlee:

Greetings. Two initial questions: a) Who earns more? and b) Why is his apartment $1,000 (that seems very expensive to me)?

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

Hi Janet. We both earn the same amount of $$. He wanted a 3 bdrm apt for $1000 vs. a 2 bdroom for $800.


#3

Dear Marlee:

Greetings. No generally you can both take half of the deduction for the house as long as you are both jointly on the loan. I would check with a CPA first though. You normally want to agree through a separation agreement on all issues you believe may be in dispute. Good 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.


#4

Hello Janet. My husband and I are separated and he is living in an apt that costs $1K/month. Our mortgage/Insurance/taxes are around $2K/month for the house I am living in now. We have agreed to split the $3K/month and he writes me a check at the end of the month for the house. My question is this: since I am paying him $500/month and trying to be amicable during our separation/divorce, is there a law that states I can take more (of a percentage) of the interest deductions for my taxes, or does this have to be agreed upon by us in writing? I am thinking about asking him to not pay me for the house so I can keep the interest/equity since he’s moved out. any advice? Thank you and Happy new year.