QUESTION
Who pays while living in the rented house during divorce?
Asked on Feb 22nd, 2013 on Divorce - California
More details to this question:
My wife and I are about to do a divorce on the grounds of irreconcilable differences in California. Right now I pay for all utilities (pge, garbage,water, cable, and my own bills like phone, car, ect...) and rent. She pays for the child care, groceries, her own phone bill, she was paying our insurance but refuses to. I am staying in the house and I refuse to leave because I have two sons I want to be close to and take care of. She wants me to leave but I know I have rights to stay until a court order has me removed. When that day comes am I obligated to pay the utilities of that house? She will be living in the rented house do I pay for the rent? We are still under contract for 6-7 months.
5 ANSWERS
Family Law Attorney serving Rolling Hills Estates, CA
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John H. Sibbison, III Professional Law Corporation
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Generally, the party who possesses a particular asset (such as living in a particular residence) has the responsibility to service the debt on that property but this general rule can be contravened?by a court order.
Answered on Feb 26th, 2013 at 2:23 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Normally, the person living there pays the rent person not living there has no incentive to pay. The rent may be a factor in paying support.
Answered on Feb 25th, 2013 at 9:09 PM
Unless ordered otherwise by the court, the party who is using the asset is responsible for its expenses.
Answered on Feb 25th, 2013 at 9:06 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If you are both in it, divide the bills. If she's in it alone and gets spousal support, ask the court to make her pay the expenses for the house, like rent and utilities.
Answered on Feb 25th, 2013 at 5:38 PM
You have made an assumption that the Court would make you move out of a house which you contractually must pay rent on. As long as there is no violence or high conflict, you could plan on staying until the rental is done. If you leave, then she pays her own rent because you will have to pay to rent somewhere else. Try to work our an agreement instead of waiting for the Court. It will save you both a lot of money. Have you thought about Mediation?
Answered on Feb 25th, 2013 at 5:38 PM