Leaving The Marital HomeLeaving the marital home prior to divorce is common, but what are the obligations of the spouse that leaves? The following discussion addresses this issue, with tips on how to handle the situation.
What am I obligated to pay if I move out? Marlene's Question: I would like to move out of our home as a first step towards divorce. We currently share the home expenses (mortgage/utilities) at a 60/40 split. I can afford to live on my own, but not if I still have to pay my share of the home expenses. What is my obligation to continue to pay those if I move out? Timothy's Answer: To answer your question as to what your obligations are, you first must break it down into two parts: 1) legal obligations vs. 2) moral obligations. Defining what your legal vs. moral obligations are both very different. If you own your home and it is in your name or held jointly, you have a legal responsibility to continue to pay your financial obligations. You also would have a legal obligation to pay any other expenses which are in your name. Morally, you face yet another challenge. If your agreement is to share expenses using a 60/40 division and you move out and no longer pay your agreed upon portion, then you have not honored your part of the agreement. It may be that your spouse cannot afford to live in the home without your contribution to the financial obligations. Were this to be the case, it would not be fair to your spouse and most certainly will make your divorce that much more difficult. This means it will also make your life that much more difficult. I would suggest you start by telling your partner exactly what you would like to do and see if it is possible. Financially, if your spouse cannot maintain the home without your contribution or does not wish to pay the additional expenses on his own, you could always explore alternative options. These options might include you both moving out of the marital home, you moving out but living with a family member or friend while continuing to honor your financial obligations until you can move forward with your divorce. Is my husband responsible for the bills while we are separated? MD's Question: My husband left the home because he was having an affair. Is my husband responsible for the mortgage and bills while we are separated? Timothy's Answer: The question whether your husband has any liability to make any mortgage payment or utilities payment depends on whether or not his name on the mortgage note or your utility bills. If the mortgage is held jointly in both of your names, then legally you both have a responsibility to pay the mortgage note. The same would be true for the utilities. If the bills are not in your husbands name, he has no legal responsibility to pay any portion of these. Regardless of your marital situation, all jointly held liabilities must be paid in a timely manner. Even if your husband does not contribute any funds, you will still be required to pay your bills on time. If neither of you pay the mortgage, the bank will send a “notice of default” after a few payments are missed and they will not hesitate to initiate foreclosure proceedings. If you do not know how your bills are titled, you should call the bank that issued your mortgage and the utility companies to confirm who has the liability. It is important you make any liability payments on time so your credit will be preserved. » Return to top © WomansDivorce.com. All rights reserved.Related Articles:
Timothy McNamara is a certified divorce financial analyst, specializing in the financial issues that couples and individuals face when their marriage ends. Having gone through a divorce himself, he is passionate about helping people understand and manage the complicated financial issues divorcing couples often face. This column is not intended to take the place of professional advice, but rather to provide financial information about the various issues that arise in a divorce. For specific recommendations concerning your situation, you should retain an experienced certified divorce financial analyst who can answer your questions based on the details of your case. WomansDivorce.com, Timothy McNamara, and Tracey Manzi disclaim any liability from any claim arising from any information contained in this column. This column is not a substitute for professional advice. Divorce
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