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Who is liable in a divorce??

Posted on: 27th Feb, 2009 01:43 pm
Husband and I agree on a divorce. I am financially dependant on my husband and we have a 3 year old son. I know I am legally allowed to stay in the house but who pays the mortgage?. Will I qualify for Housing benefit? Or will my husband have to foot the bill for his new accomodation and the existing mortgage?
Some of the answers to this question may depend on the laws of the state you live in as well as the particulars of your situation.

I would think it's only fair for you to pay half off your bills, you may want to seek employement as soon as possible if you are going to become a single mother.

That's not mortgage advice, but it seems like something you should be considering.
Posted on: 27th Feb, 2009 04:40 pm
Hi coelinasyard,

As far as I know, if your name is not on the mortgage, you are not liable to pay the mortgage dues. But if your name is on the mortgage doc, you will be liable to pay half of the dues. If you do not have any kind of income, then your husband will have to pay this existing mortgage as well.

Thanks
Posted on: 27th Feb, 2009 06:41 pm
presumably, in a divorce situation, each half of the couple will retain legal counsel. if that occurs, then the legal counsel for each party will go over all the details of the marital assets, liabilities, etc., and eventually the two will get together (with the husband and wife) and negotiate a fair and reasonable settlement.

generally, if there is a preponderance of income on one side and a negligible amount on the other, there might be some stipulation made as to who is responsible for payment on the mortgage, etc. presumably, also, there would be child support for any minor children and perhaps even alimony.

why am i even discussing all this?

chris, you made a good point in that our poster may well want to consider finding an income source with which to assist in making payments on the family home.
Posted on: 28th Feb, 2009 05:12 am
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