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.


Asked on 1/09/08, 5:16 pm

3 Answers from Attorneys

Anne Marie Healy Law Offices of Anne Marie Healy

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.

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Answered on 1/09/08, 5:24 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Mortgage pymt during divorce

If you pay, the you should be credited with those payments.

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Answered on 1/27/08, 6:14 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Mortgage pymt during divorce

If your husband is living in the house then he should pay the entire payment. Contact me directly.

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Answered on 1/10/08, 2:48 pm


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