This book will focus on the rights each spouse has under certain laws, situations, and circumstances, and how the division of the property will be decided by the court or through negotiation.
If I have custody of my 2 children and want to stay in the house we both bought (deed and mortgage in both names) should he pay 1/2 the mortgage and property taxes? He wants to keep his name on everything because eventually he will get the house, I'm just staying so we don't have to move the kids and schooling. This is something we both agreed on.
"If I have custody of my 2 children and want to stay in the house we both bought (deed and mortgage in both names) should he pay 1/2 the mortgage and property taxes? He wants to keep his name on everything because eventually he will get the house, I'm just staying so we don't have to move the kids and schooling. This is something we both agreed on."
It depends. If for a few months until the house is sold, this is not unreasonable. If more than that, and you can't afford to buy him out, if a judge has to decide, they will order the house sold, and profit split (if the home was purchased during the marriage). As for his name on things, he couldn't get his name off the loan, unless you bought him out. And, unless you have high incomes, he probably won't be able to afford 1/2 your mortgage, and another for himself.
His plan is to live with his parents and help them out instead of getting his own place. Selling the house is not what we want to do because of the children. We want to keep them in the same school district...however I can't afford the mortgage on my own. Will a judge make him pay for half until he can buy me out?
If you both agree to it, it is not unheard of to continue to be co-owners until the kids turn 18 and then split the proceeds. However, I have never heard of them still being responsible for half the mortgage. You may just include 1/2 the mortgage payment as child support.
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