Family Law

DRAFT - debts during sep.

By Ben Stevens

Question:

The mortgage for my home is listed in the names of both me and my wife.  She has a job, and we are living apart and going to get divorced.  Can I ask her to pay one-half of the debts and expenses on teh house now?  Many of our expenses are a result of our separation and her previously losing her job?

Answer:

In an action for legal separation or divorce, the Court will divide the marital assets and debts between the two of you in an equitable manner.   In many cases, the Court will require both parties to contribute to the mortgage payments while the case is pending, depending on what other debts/expenses each party is paying.

The bottom line is that these are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

Full post as published by SC Family Law Blog on April 13, 2009 (boomark / email).