Legal Question in Family Law in Missouri

seperation

Our marrige has simply gone bad for many reasons and weve dicided to seperate. I like to know what is my financtual responsibility to the home we have if im force to find another place to live. Am i stil obligated to pay for bills and leave with the bills in my name.


Asked on 1/30/07, 7:20 pm

1 Answer from Attorneys

Penny Umstattd-Cope The Umstattd-Cope Law Firm, LLC

Re: seperation

There is no specific answer to your questions. Generally when couples split and one remains residing in the household, that spouse takes care of the household bills if the finances allow. The exception to this usually occurs on mortgages. Most mortgages are assumed with both spouse's contributing to the payments. Both of you are still liable to the mortgage company during the separation period and even after the divorce unless the party getting the house refinances or has the other's name taken off the mortgage. If you move out and the utilities are in your name, you can request your spouse put them over into his/her name. You should give notice before you shut anything off. You also have to consider whether there will be additional deposits that will have to be made with the name change, etc. The judge will take into consideration the reasons for the separation, the finances of both parties, if either party wasted money during the separation, etc. If your spouse pays the total mortgage payments during the separation the judge could award your spouse more equity in the house. There are a lot of variables in these situations and you should talk to an attorney and let him/her know your situation and then you can be advised more specifically on what you can and should do.

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Answered on 1/31/07, 12:55 pm


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