Fairfield, CA asked in Divorce and Family Law for California

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?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.