Q: who is responsible for the mortgage payment during a divorce?

A: In California, a post-separation right to reimbursement allows one spouse to request reimbursement for expenses or payments made after the date of separation that benefit the community property. This right ensures that the paying spouse is compensated for contributions made during the separation period that would have been shared if the couple were still married. Speak with a local attorney about your specific situation. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

A: During your divorce proceedings, both spouses typically remain equally responsible for the mortgage payments until the court makes its final decision, regardless of who physically lives in the home. This is particularly true in California, where community property laws govern these matters.

In your specific situation, since you've continued making the full mortgage payments since the separation date, you might have the right to seek reimbursement for her portion. The courts often consider these payments as a form of advance payment toward the final property settlement. You should keep detailed records of all mortgage payments made since January 15, 2023, as this documentation will be crucial when discussing deductions from her equity share.

However, the final determination will depend on several factors, including any temporary court orders that might be in place and whether you've been living in the home while making these payments. The best path forward would be to discuss this specific issue with your divorce attorney, who can properly advise you based on local court precedents and your unique circumstances. Your attorney can also help ensure that any deductions from the equity share are properly documented and legally justified to avoid future disputes.