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  Ottawa Divorce .com Forums > Main Category > Financial Issues

Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 11-28-2013, 05:04 PM
peaceful peaceful is offline
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Default mortgage pymt instead of SS?

Seperated for 6 months and we still have not signed our seperation agreement. (no kids)

I've been paying the mortgage in full while she lives there.

Last month I stopped paying it as I don't see why I should pay her half.

Her lawyer emailed me and said I have to pay her half of the mortgage as it is
considered a form of SS and if I don't the ex may be forced to seek retro support.

I get that I need to pay SS but I don't want to pay it before we have a agreed upon amount
and I also don't think I should be paying her half of the mortgage as part
of her SS because if I'm paying her half doesn't that mean I'm entitled to more
than 50% of what we sell it for?

anyone having any thoughts/experience with this situation?

Thanks, this forum is so, so helpful when you are representing yourself.
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  #2  
Old 11-28-2013, 05:33 PM
stripes stripes is offline
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Mortgage is not SS, unless you agree to paying the mortgage in exchange for her giving up a claim to SS. Her lawyer is snowing you. If she seeks retro SS, let a judge sort that out.

However, you should still be paying your half of the mortgage. You still own half the home. She is responsible for the other half. If she is living in the home and you are not, she may be liable for something called "occupational rent", in which she pays the owners of the property (herself and you) the amount that she would have to be paying if she were renting somewhere to live. In many cases, the "occupational rent" paid by the resident spouse comes close to covering the non-resident spouse's half of the mortgage. However, it seems very difficult to establish what a fair amount of occupational rent would be, so you may want to seek a lawyer's advice on this, or search this forum for "occupational rent".
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Old 11-28-2013, 05:38 PM
peaceful peaceful is offline
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I am still paying my half of the mortgage
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  #4  
Old 11-28-2013, 05:40 PM
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Rioe Rioe is offline
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Pay the whole mortgage so you don't screw up your credit rating. Keep track of the amounts you cover for her, and get that back during the equalization process. Don't assume anything about SS.
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Old 11-28-2013, 05:59 PM
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arabian arabian is offline
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Your ex can get an interim interim SS order for the mortgage payments if she has no income or is unable to pay. Interim orders can be good and they also can be dicey. On one hand you might be able to get an interim order for her to pay her half. On the other hand she might be able to get a high amount of interim SS which can often set the stage for a hefty SS payment in final agreement.

Stripes and Rioe are both correct. Keep careful records of everything you have paid and for goodness sake, do not refer to the mortgage payment as having anything to do with SS in any of your correspondence.

Best to get your agreement done up asap.

I wouldn't communicate with her lawyer unless it is to request full financial disclosure. Don't concede to anything at this point.
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Old 11-28-2013, 07:28 PM
MS Mom MS Mom is offline
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Look at the numbers. Consider the occupational rent scenario in them. One may balance out the other - but maybe not. But, at least you'll know the "fair" number.

Her lawyer could be trying to take advantage of the fact that you may not know any better. Stop listening to her lawyer. He isn't working for you, he's working for her.
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Old 11-28-2013, 11:29 PM
yahoo yahoo is offline
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Yes mortgage is not spousal support if u did not agree to it
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Old 11-28-2013, 11:55 PM
dinkyface dinkyface is offline
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...and real SS would be deductible from your income (i.e. your EX, not you, would pay tax on the SS amount)
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  #9  
Old 11-29-2013, 12:06 AM
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arabian arabian is offline
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^another reason to get to an accountant as it can be a tad more complicated
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