Question regarding mortgage


#1

I moved out on the 26 Nov 2009. Reasons being that my spouse was lazy, wouldn’t work, lied repeatedly, stole money and mistreated my child (among many other things). He did not support my decision to leave. Initially I agreed to stay in the home and assume financial responsibility for the mortgage/utilities and he would move out. He then changed his mind and told me that if I wanted to leave, then I had to move out-he was staying. So I moved myself and my 2 kids into a small rental home. He would not sign a separation agreement. He has given me small amounts of child support on a random basis but nothing regular or court ordered-yet.

I am getting ready to initiate the divorce process and he has emailed me and stated that his attorney said I am responsible for half of the mortgage payments and utilities since I moved out and that he wants me to pay him retroactively, half of the monthly mortgage/utilities for the past 16 months and forward until the house sells or goes into foreclosure. If it matters, this property was bought as joint tenants in common prior to marriage. Does he have any merit to this claim? I didn’t even pay half when I lived there. I do not by any means have the financial means to do that-he makes three times what I do. He has lived in the home since I moved out and has refused to sell or rent it.

Any advice? Thanks!


#2

There is nothing in the law that states you are responsible for paying half of the mortgage while he has been living there. While the mortgage debt is a martial debt, it does not mean that you are obligated to pay retroactive payments.


#3

Thank you. He told me I am going to receive a letter in the mail this week from his attorney with a “deadline” on when I owe this money to him and that he is going to make sure that I pay him.

For what its worth, he had several long telephone conversations with my dad prior to me moving out where he told my dad repeatedly that I had to leave. He kept giving my dad different dates as to when they could move me out (we had to call the movers 5-6 times) so is that a valid proof that he told me to go?

In your experiences, how do judges typically handle matters such as the mortgage claim he is making? I know you can’t give a definitive answer and that every case is different but I just wonder how this is normally done.


#4

It really depends on the individual circumstances, in my opinion, he forced you and your children out of the home and is not paying regular support. I do not think a judge will penalize you because of that.