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Originally Posted by today
I beg to differ from prior opinion. If you are living in the home then you must assume all expenses related to the home.
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I don't agree with this. Only the utilities should be paid by you. Not the mortgage, not the taxes, not the insurance. The home is owned by both of you. Given that you don't have a separation agreement and have not divided assets there are many ways you can fairly handle all this. In the short term, until you separate assets, you need to setup support payments immediately - CS and SS if warranted. CS should be paid according to the tables and SS needs to be determined. If you do that, then you can 'rent' the house from the both of you - determine a market price for rent, you pay all the utilities. Then you equally share in the mortgage, taxes, insurance - your 'rent' goes into the income for the property. The house becomes a rental property owned by both of you equally, but you also happen to be the tenant - treat yourself as two different people and the math will work out. That is a fair interim way to handle it until you divide property.
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Originally Posted by today
He is out therefore no responsibility, you are not required to stay there if you do not wish or can not afford, sorry that is a harsh way of stating it.
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You are both equal owners in the house, yet only you live there, so you both have responsibilities, but you must pay for using the house as I mentioned above, by simply renting it from the both of you.
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Originally Posted by today
You would be entitled to the increase in value of the home from the date he was out since you are paying on your own. Fat chance in today's economy.
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This is totally wrong - it is not your house, its increase or decrease in value until its ownership is transferred, is for both of you - unless you agree to a price today to buy it from him, then after that point the value of the house is your responsibility.
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Originally Posted by today
He must/should pay child support only as per guidelines, regardless if you have an order yet. Once you hit court spousal support may also be coming your way, but no one should voluntarily start paying that until ordered.
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Everyone should pay SS immediately if it is warranted. To wait to pay until a court orders you is immoral. Of course, it works both ways - any SS desired to be paid or desired to be received should be a reasonable, justified amount.
Assault is a criminal offence and is not right. However the best way to deal with these issues is to keep them separate. He will be punished for his assault if found guilty. This should not have anything to do with dissolving your relationship equitably.