Threat - occupational rent

[ark_justice]

You may wish to look at the cost of renting an equivalent house, to see how much occupational rent may be.


The other choice was to leave the house and pay rent somewhere else, without the benefit of owning half of the property.

If anyone (including my lawyer) had mentioned that I would have to pay my wife rent for her leaving the house, I would have packed up the kids and moved in with my mother. That way she can continue to pay child support and spousal and I would not owe her rent.

In exchange I have been paying all the bills, and now must pay my wife for using her half of the house. Seems like a poorly conceived system.

Who in their right mind would actually stay in the house, knowing they will be forced to pay for their spouse deciding they don't want to live there. BS. And don't tell me we should have sold, or I bought out right away. Who does that when the wife just decides to walk out the door.

[standing on the sidelines]

hmm wonder if slug will tell this man to get a job and stop getting SS from the ex??? Seems to be a broken record with him when it comes women collecting SS.

[ark_justice]

hmm wonder if slug will tell this man to get a job and stop getting SS from the ex??? Seems to be a broken record with him when it comes women collecting SS.

If you are not interested in providing assistance or contributing, please do not post. Thanks.

[standing on the sidelines]

Did you honestly think that you would be entitled to live rent free?? She doesnt owe half for utilities, you used the services you pay.

[Mess]

Occupational rent if calculated fairly should consider these issues:

1. She is only half owner of the house; you are the other owner.
2. If the house were rented out to a third party, you would split the received rent.
3. She should therefore only be entitled to, at most, half of the market rate for a similar home.
4. As a joint owner receiving rent, she is also jointly responsible for maintainence costs, capital repairs, taxes, and insurance. If there is an outstanding mortgage, she is still responsible for half the monthly payments.
5. Utilities should be paid by the occupant, however in such a case where utilities are not included, rent should be at the low end of market rates.

Calculate taxes, insurance, and any maintainence and repairs that would not be expected of a tenant; that is, do not include cleaning supplies but do include paint, stucco, hardware, large applicance repairs, furnace maintanence. Generally calculate the amount spent per year, and pro-rate it for the month, and then compare that to the fair market rent. IMHO it would also be reasonable to pro-rate long term capital costs like roof replacement, depreciation on appliances, etc. If the home is being treated like a commercial property, this would be normal. A proportion of rent paid should be dedicated to a capital costs reserve. Finally, any rent paid to the ex should be included in her taxable income.

[ark_justice]

Did you honestly think that you would be entitled to live rent free?? She doesnt owe half for utilities, you used the services you pay.

Aw thanks for actually contributing to the thread, I appreciate it.

Didnt know I had to pay rent for the house I owned. Considering she has lived here when I was not here, and use the facilities when it suited her, you can colour me suprised. Who would have thought when someone walks away from ther family and children they can start charging rent for the house she left.

Especially when my lawyer did not advise me of this during the last 2 years. I'll be sure to make sure occupational rent I pay is calculated without utilities, if I'm not entitled to them, guess she isn't either. Thanks for the free advice.

P.S. I am paying for the utilies the both I and our children use. If you read the op you'll note she hasn't been paying CC.

[ark_justice]

Occupational rent if calculated fairly should consider these issues:

1. She is only half owner of the house; you are the other owner.
2. If the house were rented out to a third party, you would split the received rent.
3. She should therefore only be entitled to, at most, half of the market rate for a similar home.
4. As a joint owner receiving rent, she is also jointly responsible for maintainence costs, capital repairs, taxes, and insurance. If there is an outstanding mortgage, she is still responsible for half the monthly payments.
5. Utilities should be paid by the occupant, however in such a case where utilities are not included, rent should be at the low end of market rates.

Calculate taxes, insurance, and any maintainence and repairs that would not be expected of a tenant; that is, do not include cleaning supplies but do include paint, stucco, hardware, large applicance repairs, furnace maintanence. Generally calculate the amount spent per year, and pro-rate it for the month, and then compare that to the fair market rent. IMHO it would also be reasonable to pro-rate long term capital costs like roof replacement, depreciation on appliances, etc. If the home is being treated like a commercial property, this would be normal. A proportion of rent paid should be dedicated to a capital costs reserve. Finally, any rent paid to the ex should be included in her taxable income.

Thank you very much for a very insightful post

[blinkandimgone]

Didnt know I had to pay rent for the house I owned. Considering she has lived here when I was not here, and use the facilities when it suited her, you can colour me suprised. Who would have thought when someone walks away from ther family and children they can start charging rent for the house she left.

It's YOUR job to educate yourself on your/her rights. If you choose not to, how do you qualify crying foul when she excercises her rights?

Just because she is divorcing you, does not mean she isn't entitled to her rightfully owned property. She divorced you, not the house.

[mcdreamy]

I thought you said she's currently paying $1450/month in cs. Which, by the way, would include your utilities.
Sounds like she's stopped paying ss. How was it determined that you qualified for ss?

You've had the advantage of living mortgage/rent free for the last 2 years, in the joint matrimonial home. I'd be pushing to settle it, and buy her half of the house. You've moved on in all but this last asset.

[ark_justice]

I thought you said she's currently paying $1450/month in cs. Which, by the way, would include your utilities.
Sounds like she's stopped paying ss. How was it determined that you qualified for ss?

You've had the advantage of living mortgage/rent free for the last 2 years, in the joint matrimonial home. I'd be pushing to settle it, and buy her half of the house. You've moved on in all but this last asset.

Base on our income spousal and child support was calculated at $2900, I agreed to $2500. I've been getting $1450.

[ark_justice]

It's YOUR job to educate yourself on your/her rights. If you choose not to, how do you qualify crying foul when she excercises her rights?

Just because she is divorcing you, does not mean she isn't entitled to her rightfully owned property. She divorced you, not the house.

I pay a lawyer to educate me. Clearly they are not doing their job. I am not a lawyer. She is entitled half the house, which she will be bought out of. I was uninformed that she was entitled to Rey as well.

[mcdreamy]

I'm sorry, Ark, maybe I wasn't clear.

To my knowledge, there is no "combined" cs/ss.

You have a calculation for cs, and then you have a calculation for ss (if you qualify).

Does the $1450 equal the cs calculation?

[blinkandimgone]

I pay a lawyer to educate me. Clearly they are not doing their job. I am not a lawyer. She is entitled half the house, which she will be bought out of. I was uninformed that she was entitled to Rey as well.

Again, not her fault or her problem. You need to take ownership for what you are responsible for. It just isn't her fault that you failed to educate yourself or hired a lawyer that isn't working for you.

Did you honestly think you would just continue to live in a property that belongs partially to someone else, tying up their assets and they should just suck it up? Really?

Educate yourself. If you can't or won't then direct your lawyer to do what you expect them to do.

This isn't rocket surgery.

[ark_justice]

Again, not her fault or her problem. You need to take ownership for what you are responsible for. It just isn't her fault that you failed to educate yourself or hired a lawyer that isn't working for you.

Did you honestly think you would just continue to live in a property that belongs partially to someone else, tying up their assets and they should just suck it up? Really?

Educate yourself. If you can't or won't then direct your lawyer to do what you expect them to do.

This isn't rocket surgery.

Again I cant educate myself when I don't know something exist. I pay a lawyer to do that. I can't ask my lawyer about that which I don't to ask. That is like asking someone why they didn't think of education themselves about a species they didn't know existed, even when the hired expert has failed to mention it did.

[ark_justice]

I'm sorry, Ark, maybe I wasn't clear.

To my knowledge, there is no "combined" cs/ss.

You have a calculation for cs, and then you have a calculation for ss (if you qualify).

Does the $1450 equal the cs calculation?

Sorry,
$900 cs
$1600 ss