Legal Question in Family Law in Texas

My spouse moved out of our home over a year ago. We are filing divorce. He has not paid any expenses towards mortgage, taxes, etc towards the house since he left. I have been paying all payments and upkeep of the house. Can I request his half of the past payment in the divorce? The house is in both of our names. I am listed as primary and him as co-owner. He said he does not owe anything because he moved out and does not live there.


Asked on 1/22/11, 12:15 pm

1 Answer from Attorneys

All living expenses incurred during the marriage are technically marital expenses. Depending on the circumstances surrounding his move out of the marital home, you may be able to get some sort of payment from him. However, the law cuts both ways - he had his own expenses too, being that he lived in independent housing, which are also "marital."

I'd suggest you consult with a well-versed family law attorney about your ability to recuperate the expenses you covered on the house, as well as any other bills you paid on his behalf. In the end, it could well be worth your while but you won't know unless you have someone who knows the law to back up your claims in court.

Good luck!

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Answered on 1/27/11, 2:52 pm


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