Can I deduct what she owes me from the payout that I owe her by March 13th.?

Question

Things like fence replacement, half of automobiles, her half of the mortgage during the divorce, so I can afford the loan to pay her out.   Or will the court force me to come up with the full ½ equity payout and then I’ll have to argue those reimbursements at trial.?    Because the only way to afford the loan would be to take the deductions off then pay the lower remainder.    THANK UU

James R. Dickinson · Answer

It would depend on how the obligations are characterized. [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.]

James L. Arrasmith · Answer

You need to review your divorce agreement and court orders to determine whether deductions for expenses like fence replacement, automobile costs, and mortgage payments have been specifically addressed. In some cases, if those reimbursements were clearly documented and agreed upon, you might be able to offset what you owe her. However, if the agreement does not explicitly allow for these deductions, the court may require you to pay the full half equity payout up front. 
 
You should gather all supporting documentation, such as receipts and any written agreements regarding those expenses. This evidence can help when you need to argue for deductions later if the court does not permit them immediately. 
 
It’s important that you fully understand the terms outlined in your divorce documents and prepare your financial records accordingly. This will help you avoid complications when addressing reimbursements during the payout process or at trial.

Q: Can I deduct what she owes me from the payout that I owe her by March 13th.?