Responsible for bills

I have asked my spouse for a divorce/separation
I plan to move out and buy a townhouse, he signed, and I filed, a free trader agreement in our county.
I have told him my move out date.
Will I be responsible for any of the bills, mortgage, utilities on our marital home etc after I leave?
We hold no debt.
Some of our utility bills are in mine, some his, some both.
We have 2 children, planning on joint custody.I
Can I collect child support during the separation?

It sounds like the decision to separate is a mutual decision between you and your husband. Generally, whoever is living in a residence needs to be responsible for the utilities, mortgage, and other expenses for that residence. However, if any of the bills and expenses are in your name, you will need to make sure they are paid in order to keep your credit good.

It would be a good idea to get a separation agreement in place prior to your move out date which would set forth who is responsible for paying which bills, a deadline for when utilities need to be transferred from your name into his and a deadline for a mortgage refinance (as well as a protection that if he does not refinance within 90-120 days that the house shall be sold in order to satisfy the mortgage), etc.

Assuming you are entitled to child support, you can receive child support during the separation period. You can include this in the separation agreement as well.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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