Legal Question in Family Law in New York
My husbnd and I my be divorcing we do not have a seperation agreement. The mortgage was always paid using our joint checking account. However, he now insists he wants to pay it himself using a personal checking account that he opened up on his own in his name only. The account has his name solely his sister's address as he has been residing there for the last 3 weeks. Do I set my self up for any problems being he wants to pay it out of his own checking account as oppose to the joint checking account that we have been doing for the last 9 years? When I mention that I want him to continue to give me the money as he always did and to pay via our mutual joint checking account vs. his own personal account he blows a fuse. Is he trying to show the courts that he pays the mortgage he makes 3 times more than me but all of a sudden wants me to pay half of the bills. Also can he be trying to do this to set up credit so if it does go to a divorce he can show the banks that he can pay the mortgage if he needed to refinance? PLEASE HELP AND ANSWER ALL MY QUESTIONS! THANKS IN ADVANCE!
1 Answer from Attorneys
Q. Do I set my self up for any problems being he wants to pay it out of his own checking account as oppose to the joint checking account that we have been doing for the last 9 years?
A. If you are on the deed, then the answer is no, you are probably not setting yourself up for any problems - especially if you file for divorce within a short time.
Mike.
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