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  • Hopefully an easy question..

    The time has come for me to move out. I am prepared to pay CS and SS while I am out of the house. The total for these is just over 2800.00 which leaves me with about 1500.00 to live on.
    My question is this - What are my obligations to the matrimonial home when I leave? Further to providing the CS and SS..am I still required to eat half the mortgage and utilities even though I am not there? There is more than enough monies in the CS and SS for the ex to cover monthly costs and she is welcome to gain/keep the negligible amount of capital gained from the mortgage for the time that she stays in the residence.
    Just trying to budget...Cheers all

  • #2
    No, you are not obligated to contribute to the matrimonial home once equalization has been settled. However, if I were you, I wouldn't move out until:

    a) your ex has made arrangements to buy you out and remove you from the mortgage; and more importantly

    b) you have settled on a custody and parenting time agreement so that you aren't at your ex's mercy to see your children.

    Doing A is to prevent damage to your credit. Doing B is to prevent any damage to you and your childrens relationship.

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    • #3
      Thanks for the info. The ex has already been viewing and IMO has made arrangements to purchase a house and move in..in January 2012. I am not so concerned regarding custody/access because if she wishes to make an issue regarding our currently tabled (although not signed agreement) she realizes that I will take matters to court and incur court costs that would significantly hamper this potential move out in January. Come January - if and when she moves out of the house - my intention is NOT to move back into the house because then I would in essence be carrying two mtgs...the monies I would be paying her monthly and then having to eat the costs of the monthly upkeep of the matrimonial home. I plan on staying elsewhere and when our house does sell....those monthly costs for mtg and utilities will get split between us and be paid out of the equity gained from the sale of the house.Am I missing something here?....am I going to get burned somewhere..somehow?

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      • #4
        Originally posted by thefunone View Post
        The time has come for me to move out. I am prepared to pay CS and SS while I am out of the house. The total for these is just over 2800.00 which leaves me with about 1500.00 to live on.
        My question is this - What are my obligations to the matrimonial home when I leave? Further to providing the CS and SS..am I still required to eat half the mortgage and utilities even though I am not there? There is more than enough monies in the CS and SS for the ex to cover monthly costs and she is welcome to gain/keep the negligible amount of capital gained from the mortgage for the time that she stays in the residence.
        Just trying to budget...Cheers all
        There is a more technical term for it. If is something like a rental fee. As hammar dad said though i wouldn't move out until you've settled on the above at least.

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        • #5
          Thanks again. I appreciate your comments....Do I encourage her to essentially buy me out with the buy out to be payable upon the sale of the home?

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          • #6
            You talk about her keeping the capital gain from the time you move out until you sell.

            What if the house depreciates?

            The best is for you to retain ownership in the house until it is sold, or the day she actually buys you out and ownership and mortgage is just in her name.

            Treat her as a tenant with both of you owners.

            You are both responsible for upkeep, taxes, mortgage, real estate fees when selling etc - divide those costs equally.

            She is responsible for utilities and pays the both of you a reasonable occupational rent.

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            • #7
              $2800.00 a month . Please say it's a typo .

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              • #8
                Nope...no typo....1500 for CS...1300 SS....huge disparity in comes - 109K...to 12K...yep...not much left to live on...hopefully I get some overtime to work.

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                • #9
                  Be careful about the overtime, it will simply increase your support payments. Sorry to hear yet another guy getting screwed over courtesy of Family Law......

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                  • #10
                    The amount of OT that I have worked over the past years IS what is screwing me....NOW I have to work it just to make enough to get by.........AMAZING

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                    • #11
                      the family law issues are just not fair. really srew the one that is and has worked their a** off. you look at those numbers $2800 a month that is a good yearly salary for not lifting a finger.

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                      • #12
                        I can see the CS amount but how long do you need to pay SS at that amount .
                        Is she disabled or ... ? If not , that's got to be a temporary amount until she's on her feet right ?

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                        • #13
                          Couldn't agree more....oh and wait - on top of that there are those damn Section 7 expenses where...right now...I pay 90%...and she pays 10%....best work my ass off....and then look for a second job someplace...hopw I can squeeze in time for my kids along the way....LMFAO....yes that was just me being sarcastic

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                          • #14
                            that is just crazy. some females think it is easy to sit back a take the gravy train unbelievable. while the dad has to work more just to support himself. something wrong with this picture

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                            • #15
                              From my understanding - the SS is for 1/2 to 1 yr per year of co-habitation...so in my case I am looking at 7-10yrs. I will be asking for it to be reviewed annually because I'll be damned if I'm gonna allow her to be on the "cash for life" program. She has an MBA - but had taken time off to be with the children (5yrs) - she certainly can work.

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