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Since me and my wife bought our house six years ago she never paid the mortage. now I stop paying the mortage for six months

Bronx, NY |

she is taking me to court for support. Do I have to give her any support knowing i ws paying the mortage ever since we bought the house?

Attorney Answers 3


  1. You don't really provide enough information in your question to know whether your wife (or soon to be ex-wife, I assume, as you are getting divorced?) is entitled to an equitable distribution of community property or spousal maintenance. That depends on a lot of factors, not simply who was "paying the mortgage" the last six years. You need to seek the advice of a matrimonial lawyer as soon as possible to know what your rights and obligations are here. The usual method of dealing with this situation if there is equity in the house and one party is going to keep living there is one party has to buy the other one out, using their savings or retirement funds.

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  2. You should consult with an experienced divorce or support lawyer in your area. It is a question whether you are in Family Court or Supreme Court. Also, depends on whether it is for spousal maintenance or equitable distribution and the asset has equity.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  3. That is a question of fact for a trial judge to determine or to be settled upon between you and your spouse. See a divorce attorney.

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