Q: Is my ex mandated by law to have mortgage and property tax amounts split and deducted after we separated and moved out
In person and over text he agreed it would be deducted but, he is now saying he doesn’t have to agree to that after he spoke with an attorney for our mediation prep. Is that true? No law for him to abide by to back up our initial agreement?
A:
In California, the law doesn't specifically mandate that separated spouses must split mortgage and property tax payments. The responsibility for these payments often depends on the agreement between the spouses and can be influenced by factors such as whose name is on the mortgage and who is residing in the property.
If you had an informal agreement with your ex-spouse regarding the splitting of these expenses, and he is now reneging on that agreement, this situation becomes more complicated. Verbal and text agreements can be challenging to enforce, especially in the absence of a formal legal agreement or court order.
In the context of divorce proceedings, these types of financial arrangements are often negotiated and formalized as part of the divorce settlement. It may be necessary to raise this issue during your mediation or in court to seek a legally binding decision.
Given the change in your ex-spouse's stance, it would be prudent to discuss this matter with your attorney. They can advise you on the best course of action based on the specifics of your case and help ensure that your financial interests are protected during the divorce process.
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