Q: Does a separated spouse not living in same house have to pay jointly owned mortgage, insurance, etc.?
A:
In California, when a married couple separates, both spouses are still legally responsible for joint debts and obligations, including mortgages, insurance, and other shared expenses related to jointly owned property. This is true even if one spouse moves out of the shared residence.
However, the spouses can come to an agreement about how to divide these responsibilities during the separation period. This agreement can be informal or can be formalized in a legally binding separation agreement.
If the spouses cannot agree, either spouse can file for a legal separation or divorce, and request temporary orders from the court regarding payment of debts and expenses. The court will then decide how these obligations should be divided between the spouses pending the final divorce decree.
It's important to note that even if one spouse agrees to pay certain joint debts during separation, both spouses can still be held liable by creditors, as creditors are not bound by agreements between the spouses. Therefore, if one spouse fails to pay a joint debt as agreed, the other spouse's credit could be negatively affected.
Given the complexities of these situations, it is advisable for separating spouses to consult with a qualified family law attorney to understand their rights and obligations under California law.
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