QUESTION

Am I obligated to pay utilities for a home where I no longer live?

Asked on Apr 22nd, 2013 on Divorce - Michigan
More details to this question:
I had my soon to be ex served with divorce papers. She now wants me to leave the home we rent. Our two children and my mother in-law live there but my ex still thinks I have to pay rent/utilities in that home. I no longer live there and am willing to pay child and spousal support before the court hearing.
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5 ANSWERS

Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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You need to file any court orders. If your name is on the lease and there is no court order you do not have to leave the house.. If your wife wants you to leave, give her conditions on what you will agree pay if you leave. If she does not agree stay. If she agrees put it in writing and file it with a court as part of a status quo order until your divorce is final. If you do not know how to do this hire an attorney.
Answered on Apr 24th, 2013 at 4:03 PM

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Unless ordered to do so by the court, the rent and utilities are not your responsibility but are the responsibility of the party living there.
Answered on Apr 24th, 2013 at 4:03 PM

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Since you will pay support and they are living in the residence, the support should be sufficient to cover her expenses. You do not pay additional costs.
Answered on Apr 24th, 2013 at 4:03 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Your obligations, during the pendency of the divorce, will be determined by the court. If you are assessed child support and spousal support temporarily it is doubtful that the court will also make you continue to pay the utilities at the residence you no longer reside in. Clearly you need to see an attorney.
Answered on Apr 24th, 2013 at 4:02 PM

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If she's getting spousal support, she should be paying her own utilities. However, until there's an order, you should probably pay them and ask for credit towards support. If you are on the lease and she doesn't pay, you could be at risk for damaging your credit unless the landlord agrees to take you off the lease and put her on it. You should probably meet with an attorney, figure out how much support would be and enter into a stipulation regarding paying temporary support so that you are making payments and getting credit.
Answered on Apr 24th, 2013 at 4:02 PM

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