Maintaining properties after separation

[DeadBeatDouchebagDad]

Married couple separated a few years-ish ago however there's still no separation agreement, no divorce, and the equalization is still being disputed....

Spouse A has kept up payments on insurance, mortgage, taxes, on properties that are jointly owned, and on matrimonial home.

Spouse B has kept up payments on insurance, mortgage, taxes,on the property in (B)'s name.

Question 1: If (A) provides proof of payments, can (A) ask (B) for half the costs of keeping up the matrimonial home and jointly owned properties since separation?

Question 2: Does (B) have any right to ask (A) for half of their costs to maintain property held in (B)'s name only?

My guess is 1: yes, and 2: no.

What do you think?

Tx.

[arabian]

I wonder if it would be relevant on who is living in which property? Occupational rent a factor?

[Berner_Faith]

Depends, one is a mat home the other is an asset that I assume they had during the marriage.

Is party A seeking any equalization for the property Part B has?
Is party B requesting equalization of mat home since separation or of current date?
Did party B have access to mat home or is party A the only one with access?

If Party A wants to ask for upkeep costs, they must split the value as of current date, not separation date.

If Party A wants a portion of the property in party B's name, they have to decide if it is from separation date or current date. If current date then yes they would owe some of the upkeep costs as this is an investment NOT a mat home, so there are totally different rules.

[stripes]

Question 1: Is A living in the matrimonial home? If so, A may owe B occupational rent, which would be set against any portion of the mortgage, taxes, etc which B might owe A. In other words, if A has been living there (and paying the mortgage and taxes rather than paying rent as s/he would have done if s/he had rented a new place), then there might be no net transfer of money from one party to the other.

A little more context would be helpful. Is A living in the home, or is it vacant or being rented out? Have the parties agreed on a value, or even a valuation date, for the home? Does A want to remain in the home and have B buy him/her out? Is the home going to be sold and the proceeds divided?

2. If A is seeking a share of value of a property which is not the marital home, and if the value hasn't been determined yet, then yes, A owes B a portion of the cost of maintaining the property, up to the point when the parties agree on the value of the property.

If A doesn't have a claim to a share of the property (for instance, if it's an exempt asset), then it belongs to B who is responsible for it,

Again, more details would be useful. Is the property being sold, or is it rented out, or vacant? Is B living there? Does B want to buy out A?

[DeadBeatDouchebagDad]

Depends, one is a mat home the other is an asset that I assume they had during the marriage.

correct

Is party A seeking any equalization for the property Part B has?

yes

Is party B requesting equalization of mat home since separation or of current date?

(A) had valuation of mat home done on sep date; so (B) has to accept that or am I wrong?

Did party B have access to mat home or is party A the only one with access?

(B) no access

If Party A wants to ask for upkeep costs, they must split the value as of current date, not separation date.

I think so too because (A) has no choice due to inability to sell property without (B)'s authorization.

If Party A wants a portion of the property in party B's name, they have to decide if it is from separation date or current date. If current date then yes they would owe some of the upkeep costs as this is an investment NOT a mat home, so there are totally different rules.

I think it must be current date because (B) has never done a valuation on (B)'s property at separation or after. (B) has been lowballing the value based on internet sales of similar properties being sold on the date of separation.

Tx for posting.

[DeadBeatDouchebagDad]

Question 1: Is A living in the matrimonial home? If so, A may owe B occupational rent, which would be set against any portion of the mortgage, taxes, etc which B might owe A. In other words, if A has been living there (and paying the mortgage and taxes rather than paying rent as s/he would have done if s/he had rented a new place), then there might be no net transfer of money from one party to the other.

I agree with you here, but (B) was removed from the home due to criminal offences. I won't go into details.

A little more context would be helpful. Is A living in the home, or is it vacant or being rented out? Have the parties agreed on a value, or even a valuation date, for the home? Does A want to remain in the home and have B buy him/her out? Is the home going to be sold and the proceeds divided?

(A) lives with 2 children. I think (A) will stay in home and buy out (B).

2. If A is seeking a share of value of a property which is not the marital home, and if the value hasn't been determined yet, then yes, A owes B a portion of the cost of maintaining the property, up to the point when the parties agree on the value of the property.

I think this makes sense.

If A doesn't have a claim to a share of the property (for instance, if it's an exempt asset), then it belongs to B who is responsible for it,

Purchased during marriage so (A) does have claim.

Again, more details would be useful. Is the property being sold, or is it rented out, or vacant? Is B living there? Does B want to buy out A?

We don't know (DB)'s plans.... oops, I mean (B).

[Berner_Faith]

So what I am reading here is one property is the Mat home, so it is split 50/50 and as was mentioned, occupational rent may come into play regardless if B was removed from the house, thus any costs associated in the upkeep may balance out against occupational rent.

The property that is in B's name, is subject to equalization as of date of separation. This property does not follow the same rules as the mat home. For this property you would take the value on separation, minus any mortgage/loans owing against it and then any value left over would be equalized. I believe one can still get an appraisal as of separation date. Now if A is looking to get equalization as of current date, then she would be responsible for half of the upkeep costs since separation.

Thing is, neither party A nor party B can have it both ways. Party A can't expect half of the upkeep costs but only want to use the value as of separation, nor can she ask for half the value of Party B's property as of current date is she doesn't want to pay upkeep costs. Party B can't expect current value without paying some mortgage and taxes (utilities and minor upkeep would be the responsibility of the one living there), however can request occupational rent, which may mean there is no payment required.

[DeadBeatDouchebagDad]

So what I am reading here is one property is the Mat home, so it is split 50/50 and as was mentioned, occupational rent may come into play regardless if B was removed from the house, thus any costs associated in the upkeep may balance out against occupational rent.

The property that is in B's name, is subject to equalization as of date of separation. This property does not follow the same rules as the mat home. For this property you would take the value on separation, minus any mortgage/loans owing against it and then any value left over would be equalized. I believe one can still get an appraisal as of separation date. Now if A is looking to get equalization as of current date, then she would be responsible for half of the upkeep costs since separation.

Thing is, neither party A nor party B can have it both ways. Party A can't expect half of the upkeep costs but only want to use the value as of separation, nor can she ask for half the value of Party B's property as of current date is she doesn't want to pay upkeep costs. Party B can't expect current value without paying some mortgage and taxes (utilities and minor upkeep would be the responsibility of the one living there), however can request occupational rent, which may mean there is no payment required.

I'm good with all of it. Tx.