Need Advice

[Momoffour]

I need some advice on a couple of things...

I will be moving out of the MH the end of July with my children. STBX has made it very clear that he only wants them EOW and I am more than happy to start that arrangement right after I move. I want to get the move done then so that the kids can be settled in their new home before they start school as they will be in new schools.

I don't have a problem with him living in the MH until it sells but once I move is he then responsible for the mortgage payments and land taxes? I am willing to pay my half of the mortgage but also don't see why he should be able to live there free and clear as I will also be making payments on another house. Do I continue to pay my half and then try and get the money back later on in the equalization? He won't clean up his mess in the garage at all as he is hoping that the house won't get listed.

Also, we have no signed separation agreement so how is CS set up? Is he responsible for starting to pay as soon as I move or do I had to have an order in place?

I am just trying to get some advice on here so that I have a better knowledge of it before going to see my lawyer. I figure that if I can save a few dollars on legal fees then there is that much more money to go towards the kids.

Thanks

[Mess]

CS is the automatic right of the child, it does not need a court order or an agreement.

The mat home is tricky. One way to do it, you continue paying half the mortgage, insurance, and taxes, he should pay full utilities pay occupational rent. (He probably wouldn't pay you up front, rent would turn into a slightly higher share of the equalization.) The rent would be paid to both owners, you and him, so you would receive half of market value. Really you wouldn't do it that way, but you would use this reasoning to even out the equalization at the end.

Alternatively, you stop paying the mortgage, etc. and he pays in full, instead of paying rent. Then you still split the sale price 50/50. Which way you go depends on how well you can communicate, agree, and trust each other. It would be wise even if you are not at a point in the negotiations to sign a separation agreement, that you spell it all out in a statement of intent, so that it is clear in the future if one party decides to get obstinate.

If you don't trust him to maintain the property value while he's living there, then your recourse is to get detailed evidence (before and after photos) of any deterioration and damage to the property, use this as factual evidence to force an immediate sale. Hopefully it doesn't come to this, but you would be wise to get detailed "before" pictures now.

On the whole, you will probably be happier to cut financial ties from him as completely as possible. Getting your name off of the mortgage and insurance, get the home assessed now, agree on that price for the equalization, and walk away.