Legal Question in Family Law in Pennsylvania

My husband left our house and went to live in an apartment to take a "break" from our marriage. We are not legally separated. Both of our names are on the deed to our land and the mortgage to our house. It is time to pay our spring property taxes and he says that since he does not live there he does not have to pay them, I still live in the house with our two children. We live in the state of PA.


Asked on 3/16/11, 7:25 am

2 Answers from Attorneys

John Davidson Law Office of John A. Davidson

Your taxes are not part of your mortgage payment?

So not living at a property you own exempts one from paying property taxes? If that were true you wouldn't have to pay property taxes on a house you owned but rented to someone else.

Sorry but you and your husband are both on the hook for the taxes.

{John}

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Answered on 3/16/11, 7:31 am
Michael Greenstein Greenstein Family Law Services, P.C.

I must disagree partially with Mr. Davidson. Although technically both of you are on the hook for the taxes, you are the one with the immediate need to keep the house in good standing. The Rules of Civil Procedure relating to support presume that the person residing in the house is going to take responsibility for its upkeep.

That said, it seems to me that you are probably entitled to child support from your husband (whether one of you is entitled to spousal support is impossible to know from the information you provided), and the support guidelines in Pennsylvania provide for his contribution toward the mortgage in addition to his basic child support obligation if the numbers permit. Consulting with a lawyer and having him or her "run the numbers" might help you substantially as you make your decision about how to proceed.

Attorney Michael B. Greenstein

Pittsburgh, PA

www.spousealouse.com

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Answered on 3/16/11, 8:45 am


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