Q: I am in the process of filing for divorce. My husband has not lived in the residence for 20 months.
When we divide the house (buy him out) do I deduct half the mortgage I paid for the 20 months as he has not given me any money for that period of time. I paid all bills plus his medical insurance.
A: All aspects of equitable distribution, which includes assets and liabilities can be negotiated during the divorce process. Your case requires an in person consultation with an experienced matrimonial attorney. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.
A:
Thank you for your question. The short answer here is — it depends.
In general, if he had an obligation to pay the mortgage, you could recoup that by reducing the amount you offer in the buy out. Also there could be a claim that you get a credit for payment of principle payments. The incomes of each party and other assets may also factor in to how the division of the house plays out. It is in your best interest to meet with an attorney to talk about the specifics of your situation to form the clearest strategy for reaching your goals.
I hope this information was helpful to you.
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