I live in PA and am in the process of a divorce. I was taking care of the house that my husband and I purchased together. I had roommates and was doing fine, but they moved out. We've decided to sell the house. Here's the thing, the mortgage will still need payed until the house is sold. He told me there is absolutely no way he can give me any moey at all to help pay as he is struggle as it is now. (I don't see how this is possible as he is living at home and has very limited bills). So he is saying that he cannot help pay for the house at all, yet if we sell and there's a profit, he wants half. I really don't know what to do....what's fair???
2007-03-21 03:46:27 · 14 answers · asked by NikkiWy 2 in Family & Relationships ➔ Marriage & Divorce
He is the primary name on the mortgage...
2007-03-21 03:53:39 · update #1
Ok, you need to move out of the house. As long as you are still living in the house the mortgage responsibility is yours. If you move out of the house-you should both be responsible for the mortgage payment and any utilities (upkeep) while the house is on the market. If you continue to pay these items and he does not, you can keep records of what you have paid toward the house and this amount can be deducted from his half of the sale proceeds. If you are both on the mortgage-pay it if you can. If he is the only one on the mortgage-don't pay squat and let them foreclose on the house--you can always tell him that he has to help you pay the mortgage or you will just let the bank take the house! (see if he helps then)
2007-03-21 05:58:27 · answer #1 · answered by stacilynn26 3 · 0⤊ 0⤋
Surely your not tring to divorce without having an attorney? This is a legal problem and needs to be addressed to your attorney. If your moving out you have to arrange the details and payments because thats the arrangement at the split. Not speaking legally, but if your carring the expense past his move out, the percentage of the equity paid should be adjusted to percent of shared expense.
Now you could check with your local apartment finders and list for renter. You could rent and the motgage would be paid. Markup rent 20% over mortgage payment. You may find that you rather keep it as a rental and have a positive cash flow. Buy off your ex after the divorce.
good luck.
2007-03-21 11:03:28 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If both your names are on the deed, not mortgage, you will each get 1/2 no matter. My guess is that if you are both on the mortgage, you are both on the deed. You were married and the court looks at it as you were and are both paying. If you don't want to pay this on your own, let them foreclose or tell him they will have to foreclose as you cannot pay it on your own. The only other thing to do is, hire a lawyer and have the house turned over to you alone, so that when you continue paying for the house you also get all the proceeds.
2007-03-21 11:01:17 · answer #3 · answered by Elvira 3 · 0⤊ 0⤋
Keep good records. Its not 50/50 just because of the circumstances. Pay the mortgage and whatever you pay you will get 100% back from if he has left and left the payments up to you. Make sure the judge understands the problems when you go up for your divorce hearings. Good Luck
2007-03-21 10:54:56 · answer #4 · answered by steinerrw 4 · 0⤊ 0⤋
Ok then if you can manage right now and pay the mortgage yourself somehow then do it..but let him know that he still really owes you half of the mortgage for that time and then when you do sell say in like 3 months for example..he owes you his half of those 3 months out of his half of the profit you two will be splitting...it'd be better to to put that in writing,so you will def. get your money back..plus just keep the communication open.
2007-03-21 10:54:03 · answer #5 · answered by ccrazeegyrl 3 · 0⤊ 0⤋
This is a case for a good divorce attorney. He is on the deed and responsible for keeping the loan out of deliquency. If you pay more then your share of the payments it should get deducted from the proceeds of the sale of the house. Keep track of everything.
2007-03-21 10:52:08 · answer #6 · answered by Devdude 5 · 0⤊ 0⤋
Unfortunately if u are residing in the dwelling, yes it is your responsibility to pay the mortgage....and yes, as this is maritial property he is going to get half....you need to get this home on the market now and sell quickly
2007-03-21 11:08:36 · answer #7 · answered by sunbun 6 · 0⤊ 0⤋
Tell him that you will stop paying the mortgage unless he
agrees to rebate you those payments out of the proceeds
of the sale.
2007-03-21 10:59:35 · answer #8 · answered by Anonymous · 0⤊ 0⤋
He should pay for half of the mortgage and you need to see a lawyer ASAP.
2007-03-21 10:55:42 · answer #9 · answered by Lilith 4 · 0⤊ 0⤋
You need to talk to your lawyer. He shouldn't get half the money if he's not helping pay the mortgage.
2007-03-21 10:51:15 · answer #10 · answered by Michelle *The Truth Hurts 6 · 0⤊ 0⤋