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According to MN law, should I be forced to pay 1/2 of the marital house loan while going thru a divorce & not living there?

Saint Paul, MN |

Going thru high-contested divorce. I had to physically separate from my abusive husband 9 months ago. I do not physically live in the marital house. I pay rent at the place where I live now. The temp court order made me pay 1/2 share of the marital house loan ($500) each month ever since the date of separation. Still am paying. Is it legal? It's been draining me financially.

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Attorney answers 4

Posted

That is one of those "discretionary" issues that a judge decides. I would need to know more about your situation to understand why he ordered that. However, you may want to bring a motion to modify the temporary order, based on the fact that the divorce is taking longer than expected and by showing the financial distress this is causing you. If there are any changed circumstances you will want to explain them. Also, this could affect the "valuation date" used in determining the value of the home. In other words, the court will determine a valuation date, on which all marital assets and debts are valued, which is usually the date of the ICMC. However, since you have been paying part of the mortgage, if the mortgage has been reduced during this time, which in turn increased the equity in the home, then you should get "credit" for that, or, in the alternative, you might argue that the valuation date should be a much later date. This is a complicated area, and I strongly recommend that you obtain legal counsel.

Posted

A Judge may issue a temporary order that in his/her discretion is equitable under the circumstances. In other words, the Judge can issue such an Order if they feel it justified based on the facts. The result of Temporary Hearings is often a product of how effectively you make your arguments in conjunction with Minnesota Statutes. You should retain counsel if you do not have counsel.

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Posted

Hello. I suggest you discuss this with your attorney as she/he should know the full details of your financial matters as well as anyone. The court has the authority to issue reasonable temporary orders prior to the finalization of a divorce.

TWIN CITIES to ST CLOUD. Do seek legal counsel for your personal legal issues and needs. This post is not legal advice and does not create an attorney-client relationship. This post is to be considered general information which may or may not apply to your personal situation.

Posted

Since a judge issued that order, and you didn't get it overturned, then it's 100% legal. The bottom line is this - you BOTH own the house and you BOTH owe the mortgage on it. Just because you chose to move out (good reasons or not) doesn't relieve you of that responsibility if a judge says otherwise. So, you'll have to pay it until such time as a subsequent order says differently. Frankly, it sounds as if your attorney failed to get you a decent temporary order.

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