Legal Question in Family Law in California
Mortgage pymt during divorce
Am I responsible to pay half the mortgage when I do not live in the house anymore and have not lived there for 8 months. Trying to sell home now.
3 Answers from Attorneys
Re: Mortgage pymt during divorce
Here's the way it works, usually:
You do not have to pay the mortgage, even if you live there, but then you stand the chance of the house going into default.
However, unless you agree to pay one-half, or you are ordered by the court, you do not have to pay.
At the time of selling the house, the person who has been paying the mortgage will be reimbursed the payments made towards the principal. Also, the person who has been living there could be charged for one-half of the fair market rental value.
Re: Mortgage pymt during divorce
If you pay, the you should be credited with those payments.
Re: Mortgage pymt during divorce
If your husband is living in the house then he should pay the entire payment. Contact me directly.