Going Through a Divorce. She Moved Out. I Continued Mortgage Alone for a Year. I Move Out, She Moves in and Never Pays for 9 Months. I Pay to Get It Out. Does She Owe Me?

This is a great question. Thank you for asking it. It’s a question that arises frequently in divorce situations. And you’re likely not going to like the answer.

It could go either way.

There can be many other factors that the court might need to consider to ensure that its decision is a truly equitable one, but generally speaking:

  • It is certainly possible that the court would find fault with your wife for residing alone in the marital home without paying at least half of the mortgage payments during that period and order her to reimburse you for the 9 months you paid the mortgage when she refused to do so. Indeed, odds are that the court would take this position.
  • But it is possible for the court to rule that your wife owes you nothing, especially if she is unemployed due to being a full-time homemaker/mother or employed but earns substantially less than you do. In other words, the court can take a “who is in the best position financially to absorb this cost?” approach.

Utah Family Law, LC | | 801-466-9277

Tags: , ,
Click to listen highlighted text!