A
female
age
41-50,
*avish
writes:I’m going through a divorce right now, we have a home that he was living for the past 5 months and didn’t make any payments on it. He moved out two weeks ago so now I’m at the home. I want to keep this house what should I do? I’m going to file for the divorce, should I contact our bank and try to work something out with them. how do I get him to pay for the months that he was living? Help!
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male
reader, holikdad +, writes (11 June 2009):
Unfortunately you'll be stuck with owing 50% of the credit card bill too. Sorry, this is the reason that divorces are so difficult.
You need to contact an attorney immediately before he starts running up more debit. There is something that the attorney can file on your behalf, I don't remember the name, but it keeps you from being responsible for any new debit that he's incurred since the file date.
That way if he runs up more debt moving forward before the divorce is final you won't be responsible for it.
A
female
reader, lavish +, writes (11 June 2009):
lavish is verified as being by the original poster of the questionHe has nothing…can’t even hold a stable job. Another question, we have a credit card together under both of our names, since we’ve been separated he ran up the credit card bill about 10gs… I called the credit card company and have them closed the account..but WTF? He refused to pay for it so now I’m fawked?! Arggg
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A
male
reader, holikdad +, writes (9 June 2009):
That's going to be pretty much impossible to get him to pay for the months that he was there that he didn't pay. Unfortunately everything is "marital assets", for your house what this means is that if you owe $100,000 and it appraises for $150,000 you'll owe him $25,000 which is half of the marital assets.
The only way around this is to horse trade with him, like offer to not touch his pension or retirement in exchange for the house, if he has a retirement plan or pension. Esentially give him in the divorce enough "stuff" to compensate for the loss of the 50% of the house value over and above the loan amount.
The only really good thing you could do is try to find a crappy house appraiser who will look at your house and undervalue it, then he'd owe you half of that undervalue. But that appraisal would stick with the house for about six months so if you are looking to sell it then you'd have a problem.
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