Asked in Divorce, Family Law and Contracts for Minnesota

Q: Divorce: Can ex-spouse live in house and still split bills in MN?

I live in Minnesota, and my wife wants a divorce but wishes to continue living in our house, also wanting to split all the bills as we do now. I currently pay for all the bills, while she saves her income in her bank account. Once our kids move out, do we continue splitting everything? Additionally, if we remain in the house post-divorce, does she owe me money from her bank account due to the current financial arrangement?

Related Topics:
3 Lawyer Answers

A: Each of you have an obligation to maintain the marital property. The obligations of each spouse after the divorce is final will be set forth in the judge or agreement if properly draft. Child support obligations are distinct from the marital property issues. You are commingling different issues that cannot addressed in a free online Q and A, and are not a simple "yes" or "no" either.

My best regards. Rob Kane Eagan Attorney Minnesota Family Law Divorce.

A: ... judgment or agreement if properly drafted.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: That sounds like a complicated and emotionally heavy situation, especially when finances and shared space are still tied together during a divorce. In Minnesota, once a divorce is finalized, the court typically divides marital property and debts equitably—not always equally, but fairly based on each person’s situation. If your wife continues to live in the home post-divorce, whether or not she contributes to the bills depends on the terms you both agree to, or what the court orders.

If you keep paying all the bills while she stays and continues to save her income, it could become an issue during the property division phase. The court may consider the financial imbalance and adjust the overall settlement to account for it. However, unless a formal agreement or court order requires her to reimburse you or contribute, she may not be legally obligated to do so just because you’ve shouldered the expenses.

You can suggest a written agreement outlining how bills will be handled moving forward, especially if you plan to continue living together for a while after the divorce. This can help protect both of you and avoid more tension later. You've already taken on a lot—it's fair to want clarity and balance as you both move forward in this next phase.

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.