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

Asked over 1 year ago - 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. Jack Richard Lebowitz

    Pro

    Contributor Level 18

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    Answered . 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. Jayson Lutzky

    Pro

    Contributor Level 20

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    Lawyer agrees

    Answered . 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.

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  3. Richard J. Chertock

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . 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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