Matrimonial home - mortgage payments

[newlifenewme]

I left the matrimonial home which I am not on the title or mortgage. The children live there primarily with the ex and the ex's lawyer is saying that I am responsible for half the mortgage and insurance for the home. I don't understand why that is as I don't live their anymore. We will be settling on the home in the next few months and I was wondering if that is true, that I should be paying and should have been paying half the mortgage since separation? If so can they add interest to what I owe?

 

[Stillbreathing]

You are entitled to half the equity of the matrimonial home, therefor should be paying for half the expenses. That being said, you may be entitled to occupation rent from your ex as they are living there and you are not. A lawyer can better advise you.

 

[Rioe]

I left the matrimonial home which I am not on the title or mortgage. The children live there primarily with the ex and the ex's lawyer is saying that I am responsible for half the mortgage and insurance for the home. I don't understand why that is as I don't live their anymore. We will be settling on the home in the next few months and I was wondering if that is true, that I should be paying and should have been paying half the mortgage since separation? If so can they add interest to what I owe?

Keep in mind the source of the information. Your ex's lawyer will say all kinds of reasonable sounding baloney in the hopes that you fall for it.

You are entitled to half the value of the matrimonial home on the date of separation. If you were on the mortgage, you would still be responsible for paying half of it (the lender doesn't care where you live or why you moved out), but you are not. If you were on the title, you would be responsible for paying half the insurance, as it would be your asset, but you are not. If you were on the title, you could argue that you are entitled to half the value at date sold, not separation, but you are not.

 

[Kinso]

You are entitled to half the equity of the matrimonial home, therefor should be paying for half the expenses. That being said, you may be entitled to occupation rent from your ex as they are living there and you are not. A lawyer can better advise you

This would be true if OP was on title. They're not. The obligation to pay the expenses, or enjoy the equity does not exist. They are entitled to the valuation as of the date of separation, not the post separation expenses/value.

 

[Karma2016]

I say no.

I was the sole owner on title on our matrimonial home. When my ex husband left (he’s a lawyer), he did not pay anything towards the expenses of the home (we were mortgage free).

I was left to pay insurance, taxes, utilities, etc.

But you said your kids are living at the home? Are you paying any support?

 

[Janus]

the ex's lawyer is saying

General rule: Don't take advice from your ex's lawyer. They have no obligation to you whatsoever. They definitely are not fighting for "justice". They are fighting for their client. That is not the same thing.

Also, your ex's lawyer is not fighting for your kids either. The lawyer only cares about your ex.

Lawyers don't fight for good, or for your kids, or fairness, or whatever ideal you think they should have. Even your lawyer doesn't care about any of those things, but at least your lawyer is mostly on your side.

Corollary: Don't take legal advice from your ex either.