My ex-wife buys a home, taking out a mortgage with another individual, does this violate cohabitation? Financial assistance?

Asked about 1 year ago - Middletown, CT

In reading the specifics of cohabitation in Connecticut, it appears as though it relates to the party receiving any financial assistance that may alter their current lifestyle. I would think that buying a home and taking out a mortgage with another individual, constitutes financial aid. The court certainly cannot monitor how much money my ex-wife is receiving from the 2nd party on her mortgage, so it would appear to me that her taking out this mortgage with another person is a violation of cohabitation. Is this correct?

Attorney answers (2)

  1. Joshua O Balter

    Contributor Level 11

    Answered . unfortunately this is not as easy to answer as it seems it should. It doesn't necessarily violate cohabitation. Are they living together in any way shape or form? Also, what is the purpose of the co-mortgage? Is this an investment property?
    I suggest you see an Attorney to discuss the specifics of your case. If you wish I would be happy to give you a free consultation.

  2. Brian S Karpe

    Contributor Level 13

    Answered . First, the terms of the final divorce order may dictate how the court can address this situation. If the order is silent, I agree with Atty Balter, the nature of the cohabitation is important. If she takes on a tenant, that probably would not change things unless it changes her financial situation. However, the nature of the cohabitation is something the court can consider as it has wide discretion when determining whether to modify the court order.

    Note: This response DOES NOT constitute legal advice and therefore no specific action should be taken in reliance... more

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