Can I sue my estranged wife for mortgage payments that she left me with? 2 Answers as of July 19, 2011

My wife moved out a year ago and I've been paying the mortgage alone on our house. Can I take her to court over her half of the mortgage that she is responsible for?

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Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
You can try, but it usually isn't worth it in the long run. Who owns the house? Who lived in the house during all that time? Why have you waited all this time? It would have been better if you had sued her at the beginning. I believe any court orderthat can be issued is Prospective, rather than retrospective, so consider that as well. Good luck.
Answer Applies to: New York
Replied: 7/19/2011
Fredric H. Aaron, Attorney at Law, P.C.
Fredric H. Aaron, Attorney at Law, P.C. | Fredric Harlan Aaron
All debts acquired during the course of the marriage are the responsibility of both spouses, unless one spouse agreed to take full responsibility for such debt. Assuming you bought the house and entered into the mortgage during the marriage, then a portion of the mortgage will be your wife's responsibility. You should track your payments and have this amount deducted from any property award granted to your wife in the divorce. You should contact an experienced matrimonial attorney to assist you with this process, since real property division is a very complex issue in a divorce.
Answer Applies to: New York
Replied: 7/18/2011
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