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Who is responsible to pay what during separation?
Anonymous4 views1 answers
My husband has left our home and is residing elsewhere, without cost, at this time. I remain in our home. We are both borrowers on the mortgage, he is primary. I am primary borrower on his new truck, both listed on the loan. We have other debts we have paid toward equally during our marriage. I have medical bills he has been paying equally, as well. He asked me to make all "house related" payments - mortgage, insurance, upkeep, utilities, trash, water, etc. - and my medical bill payments while he pays toward our other debt, including his truck loan. I am unable to meet his request financially without getting another job. He will be able to make at least minimum payments and save for future rent. I do not think this is fair. Our income is almost equal. I think our debt is, as wel
Until there is a court assigning responsibility for payment of debts, it is a free for all. If you want to keep your house, you need to make the mortgage payments. If you have any flexibility with your other bills and you can't pay all of them, try to make arrangements with the creditors for lower or suspended payments until you get this sorted out, either in court or by agreement. Even if you reach an agreement, you need to have it reduced to an order. An agreement that is not incorporated into an order is generally not enforceable.
President O'Bama's Economic Recovery Act includes a provision for modification of mortgages. You should contact your mortgage company and apply. You might be able to reduce your mortgage payment considerably.
As to whether or not he can come and go as he pleases, if you are both in title, until there is a court order to the contrary, both of you have equal rights to the house. Yes, you can change the locks, but if his name is on title, he has the right to break in.
The best advice I can give you is to find a lawyer.
