Legal Question in Family Law in New Jersey
Do I have to pay her my part of mortage
Hi, I've been separated from my wife over 18 months now. She filed a restraining order against me and I have not lived with her since. We have a child together. We have not filed for divorce nor legal separation, but I have asked her to buy me out. She has paid the mortgage and all house related expenses over this period. She collects rent from the second floor (it's a 2 family home). I pay child support out of court and I admit I'm a little late. My question is do I have to pay her back anything for the house from my share of the equity once she buys me out? Since she threw me out of our marital house, I had have the expense in renting the apartment.
1 Answer from Attorneys
Re: Do I have to pay her?
Here is something that often happens when people ask questions on LawGuru, and in fact when clients ask questions at the beginning of their first conference. They ask about one issue involved in their matrimonial dispute and want to know what will happen. In this case, a narrow question has been asked about reimbursement for housing expenses. Again, in this case, no answer can be given without knowing other information such as the relative incomes of the parties, the length of the marriage, the value of other assets owned by the parties, both individually and jointly, the status of the debt...the list goes on and on. In this case, like most other cases, very few questions can be answered in a vacuum. It is almost always necessary to have a full and complete interview with an attorney before a confident answer can be given. You must keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly could be factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. If you have not retained an attorney, before you take any action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention Law Guru, there will be no charge for your first consultation. Good luck! Rob Gleaner