Legal Question in Family Law in Idaho

House payments during separation

I am considering a separation after 3 years of marriage. We each put half towards the down payment on our house with monies we earned prior to being married. We have lived in house 10 mo. Neither spouse can afford all house and related payments on their own. We argue constantly and I have a 12 year old daughter who lives with us. I have asked my spouse to move out and he said no. If I move out and get an apartment, will I also be liable for half of the mortgage payments. If the house takes over a year to sell...how will the equity be divided if only one of us lives in the house during this time?


Asked on 12/07/02, 9:52 am

1 Answer from Attorneys
Gass Timothy Gass Law Office

Re: House payments during separation

Usually whoever stays in the house pays the rent or house payments, so the answer is that you will probably only be liable for the rent on your apartment alone. If he stays in the house he will very likely be required to pay the house payment. All payments will likely be community payments as well since it your community house and the equity, if any, will be split evenly between you and him. I give a 1/2 hour free consultation in my office if you need one. Call 208-345-3817

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Answered on 12/09/02, 11:47 am


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