Friday, November 16, 2012

Am I responsible for paying mortgage, maintence, repairs and property taxes on my former home after my divorce?

Q: I am moving out in Dec, bought new home. Husband is staying in our home until we can sell it. Divorce in NY should be finalized shortly, before sale. Agreed no alimony on either side. Do I need to pay him maintenance for his living expenses/housing? I make 10k less than he does and will have custody of our child which I pay 60% of her support. I can see 1/2 mortgage but not repairs, maintenance and taxes. Is there diff amounts I am responsible before divorce and then after? 

David’s answer: If you say that the "divorce should be finalized shortly," then you should be executing a settlement agreement which should specify exactly who pays what expense. Indeed, most often the Judge will require a full settlement agreement where there is either children OR property involved - and in your case there is both. Moreover, if the income differential is only $10,000, then most likely you would not need to pay him maintenance (i.e., alimony), but if you're talking maintenance as regards a Co-Op, that may be a different issue.  -- David Bliven 

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