Aileen
New
Reged: 02/06/08
Posts: 5
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Has anybody ever heard of your ex-spouse filing a petition to reduce their mortgage support because you have your boyfriend living in the former maritial residence with you and your children during your use and posession period? My ex-husband has filed a petition with the court to have his mortgage support struck contending I do not need it now that I have a boyfriend living in the house. Can he do this? Will he succeed? Also, the former marital residence is on the market. We have received an offer for the asking price with no contigencies except that I can stay in the house with the kids until the end of school and settlement will not occurr before May 2008. Do I have to agree to except the offer since they are giving me everything I want? Am I bound to take the offer by the contract I signed with the realtor? I don't want to move out of the house. Help, I am really confused.
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Samsung
Platinum
Reged: 06/14/07
Posts: 2108
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You can possibly stay in the house, but you will have purchase and finance it. Beyond that, if you signed a contract with a realtor and don't follow through, you will owe them their full commission, whether you sell or not.
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gigi
Platinum
Reged: 11/06/06
Posts: 5042
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You are bound by the contract. If you back out of it, you owe their commission. You can't count on your husband to continue to support you in the house or ANY house when you've got another adult living there who is fully capable of supporting himself and contributing to the mortgage or rent.
Yes, people file this type of request with the court all the time, and it gets granted a lot. It is USUALLY when the ex re-marries and so doesn't deserve to have the ex support both herself and her new husband. If you re-marry, the new husband is expected to pick up the slack, NOT your ex. But someitmes when it's a boyfriend and not a husband, the ex can also file. It depends upon how obvious the live-in situation is, whether or not the ex can prove it... in YOUR situation, the live-in situation is obvious, out in the open, and you've said you would like to continue with it. If you were asked to testify in court, you'd have to answer "yes" to the question of whether or not you had another adult living in the house with you. This means that your ex has plenty of proof that you have someone else in the house who SHOULD be capable of picking up the slack in your post-divorce budget.
Question: If you didn't want to sell the house, why did you agree to put it on the market? And didn't anyone tell you when you agreed to the alimony that if circumstances changed and you either got a job to cover your expenses or got a new mate (married or not), that you'd have a reduction of support? I mean, this is not a situation of you holding off on moving the boyfriend in until the day after the settlement, and then moving the dude in and thinking the two of you could live off your ex and the support he was paying, is it? If so, that's simply not something that the court is going to agree with.
On the other hand, if the guy was openly living with you before your ex agreed to pay alimony, and your ex knew about it... well, then, you might be able to convince the judge that this is NOT a CHANGE in circumstances which would warrant a change in alimony.
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