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The WIFE'S period of exclusive use and occupancy of the marital home, the HUSBAND shall pay the mortgage.

Staten Island, NY |

Both parties agree that the WIFE shall have exclusive use and occupancy of the marital home until July 1 or until the WIFE decides to sooner terminate her exclusive use and occupancy of the marital home. We had problems with the sale of the our home which delayed my move with the children. Instead of moving out on 1 July , we moved out on 7 August . The Divorce Papers states, the HUSBAND sall be solely responsible for paying the mortgage each month, in order to maintain the mortgage rate. Can my ex-husband charge me 2 months rent because we went 36 days over our "Due Date" of July 1. My EX was also entitled to claim on his taxes the mortgage interest deduction AND real estate tax deduction which I paid for! (as per the divorce agreement) Am I entitled to anything?

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Attorney answers 1


If your agreement provides your ex-husband no specific recourse if you remained in possession of the former marital residence beyond the date of exclusive occupancy, he has no claim to make against you. Besides, if you look carefully at your stipulation, you will probably notice that only your "exclusive occupancy" of the residence was until July 1, not your "occupancy" of the residence. Your stipulation likely did not require you to vacate the residence on July 2. The fact that you moved out on August 7 instead of July 1 is not likely to provide your ex-husband with any claim to be made for reimbursement from you for anything, unless your stipulation says otherwise. Check your stipulation carefully. As for the deductions, you state that your ex- was to be solely responsible for paying the mortgage each month, but then you say that you were paying the mortgage interest and real estate taxes. If you were paying these bills and he was responsible for them, you may be able to take him to Court for reimbursement. Please consult with an attorney regarding your rights.

Mr. Rosen practices matrimonial and family law in Great, Neck, NY. His response here is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. You are strongly advised to confer with an attorney in your own state to acquire more information suited to your particular circumstances.

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