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Advise on how to handle marital house

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  • Advise on how to handle marital house

    She lives in the Marital home and I have my own apartment very close by.

    I informed her in fall 2015 that I will be getting my own apartment and when I do I cannot afford to make payments on both properties.

    In January I found an apartment and which would be ready from March so we informed her and her lawyer that from February onwards I will not be making payments to the marital home.

    She does work and earns good money but she didn't put anything in to cover the mortgage.

    As a result a payment bounced; she did put money into the account after that occurred.

    In her documents she has made a request to keep the home. In mine I had requested that we sell it and split the proceeds (she refused).

    She latest letter says that she wants me to cover house; insurance; all utilities; etc.,

    But we gave her plenty of notice that isn't possible the income just isn't there to afford to pay for it all plus my own rent and basic necessities.

  • #2
    I kicked my then-husband out of our home after I discovered he had emptied the bank accounts. He too got himself another place. Until the matrimonial home was dispersed he paid me 5k a month to cover expenses.

    I'd advise you get yourself a lawyer and approach the matter of the sale of the matrimonial home in a legal manner. Until such time that your spouse agrees to sell the house or you get an Order from a judge to sell it you will remain jointly responsible for it.

    Giving someone "plenty of notice..." just doesn't cut it unless you are willing to suffer the consequences. I think you will therefore be on the hook for your new apartment as well as the matrimonial home (if you paid for it in the past) until such time as you have worked out a separation agreement.

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    • #3
      Do you really want the mortgage to default and to lose the home OP? I would take Arabian's advice and get a lawyer and seek a motion to have the home sold or for the other party to pay you your portion of the home.

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