How are expenses calculated after a divorce? 25 Answers as of July 11, 2013

I am getting divorced from my wife, if I give her the house do I still need to pay for the insurance and maintenance?

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Gregory T. Buckley, Attorney at Law
Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
Generally, if the other spouse is given the marital home as a part of the equitable distribution, the spouse that receives the marital home is then responsible for the expenses related to its upkeep.
Answer Applies to: Florida
Replied: 6/27/2011
Law Office of Karen A. Clark, L.L.C.
Law Office of Karen A. Clark, L.L.C. | Karen A. Clark
I would suggest that you speak to a Financial Divorce and Home Lending Specialist. They can give you some good guidance about how you want to deal with the financial aspect of your dissolution.
Answer Applies to: Washington
Replied: 6/23/2011
Seattle Divorce Services
Seattle Divorce Services | Michael V. Fancher
Under Washington law, if the two of you agree, the house could be awarded to her along with the obligation to pay the insurance and other expenses of the house. However, if she is not able to refinance the mortgage into her name, you might still have some residual liability if she is not able to make the payments.
Answer Applies to: Washington
Replied: 6/22/2011
Fredric H. Aaron, Attorney at Law, P.C.
Fredric H. Aaron, Attorney at Law, P.C. | Fredric Harlan Aaron
In the case of a divorce, all assets and liabilities acquired during a marriage are subject to equitable distribution (the term for the distribution of marital assets in a divorce in New York). Assuming there are no grounds which would work against you or your wife (such as allegations of spousal abuse, substance abuse or wasteful dissipation of marital assets), all the assets and liabilities you acquired during the marriage will be split between you on a fairly even basis. With respect to the house, if there is any net value in it (what it is currently worth less what you paid for it and what you still owe), then this would create a situation where your wife would have to "buy out" your interest in the net value of the house. If there is no net value, then she could take the house subject to any mortgage and other expenses. If you have children who live with her and she gets custody, then the court might award her use of the house until the youngest child reaches maturity, and during that time you would both have to pay a share of mortgage, taxes and upkeep. I suggest that you contact an experienced matrimonial attorney with real estate law knowledge to assist you with your divorce.
Answer Applies to: New York
Replied: 6/22/2011
Pontrello Law
Pontrello Law | William Pontrello
Depends on the judgment or agreement. normally if its her house its her responsibility.
Answer Applies to: Florida
Replied: 6/21/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    The answer depends on what you and your wife agree to as part of your agreement to "give her the house". If you can't agree, a judge will more than likely require her to pay for insurance, taxes, maintenance, etc. as a part the requirement that you deed the house to her. That doesn't mean, however, that those expenses won't justify requiring you to pay spousal maintenance (alimony) in order to assist her in meeting all her financial needs. If there is a mortgage loan secured by the house, the divorce will not get you off the loan obligation - only the lender can do that and, normally, the lender will require your wife to completely refinance.
    Answer Applies to: Colorado
    Replied: 6/21/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    The Court will divide all assets and liabilities fairly and equitably. Maintenance is based on many factors including one spouse's need and the other spouse's ability to pay.
    Answer Applies to: Washington
    Replied: 6/21/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    You are only required to pay guideline spousal support. Your spouse will have to cover her expenses on her own.
    Answer Applies to: California
    Replied: 6/21/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    That depends on what you agree to. If the matter went to trial, and your wife was awarded the house in the divorce, then, likely, she would be responsible for the insurance and maintenance on the house, although there are always excepts to this rule. On the other hand, if you are settling your case, then, you could make an agreement whereby you agreed to pay the house maintenance and insurance for some period of time. Be sure to be clear in any agreement how long a period of time you are talking about.
    Answer Applies to: Washington
    Replied: 6/21/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    Typically issues like payment of the utilities on the house are settled through the court deciding motions for temporary orders. The final judgment of the court settles who receives which assets and which party is responsible maintenance on those assets. For further information please contact the domestic relations attorney near you.
    Answer Applies to: Ohio
    Replied: 6/21/2011
    The Coyle Law Office
    The Coyle Law Office | T. Andrew Coyle
    These issues either need to be worked out between you and your wife or decided by a judge. If you and your wife can agree on everything, you can submit a settlement agreement for the court's approval; however, if you don't agree on everything, the judge will hear both sides and make a decision then.
    Answer Applies to: Illinois
    Replied: 6/21/2011
    Law Office of Richard B. Kell
    Law Office of Richard B. Kell | Richard B. Kell
    Payment for expenses and maintenance would generally be part of an order for spousal support (alimony). But based on such limited information, it is unclear what is happening in your situation. You will have to consult with an attorney in much greater detail in order to assess the possible outcomes of your particular case.
    Answer Applies to: Massachusetts
    Replied: 6/21/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Usually not but it is possible if that was fair.
    Answer Applies to: Washington
    Replied: 6/21/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    The answer to this depends on how the facts of your case and how the law is applied. There is no yes or no, black or white answer to this. You need to seek the advice of an experienced attorney in your area, talk in detail about your financial situation and hers, and the law regarding property division and alimony, and after that the attorney might be able to give you at least an initial idea of the answer to this question.
    Answer Applies to: Georgia
    Replied: 6/21/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Your question is not one that can be answered without a full review of the case, the incomes of the parties, the length of the marriage, the health of the parties, the financial property settlements made and the outstanding debt.
    Answer Applies to: Minnesota
    Replied: 7/11/2013
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    There is no simple answer. Such matters should be discussed with your own divorce attorney. Such matters can be negotiated by your attorney, or resolved through mediation, or decided by the court. Good luck!
    Answer Applies to: Georgia
    Replied: 6/21/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Normally the owner will pay these expenses.
    Answer Applies to: Connecticut
    Replied: 6/21/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    This is too complicated to try to explain in this type of question. Basically, if she gets the house, she owns it and must pay her own expenses on it afterward. It sounds like you're referring to medical insurance or homeowners insurance. In both instances, it will likely depend upon the terms of any agreement you enter into that will dictate who pays what. Speak to a matrimonial lawyer about this matter. Good luck.
    Answer Applies to: New York
    Replied: 6/21/2011
    Bagwell Holt Smith Jones & Crowson, P.A.
    Bagwell Holt Smith Jones & Crowson, P.A. | John G. Miskey IV
    Not necessarily. Feel free to call our office to schedule a consultation to discuss. The goal should be to do this once and the right way as opposed to creating potential legal issues that will need to be addressed down the road.
    Answer Applies to: North Carolina
    Replied: 6/21/2011
    Meriwether & Tharp LLC
    Meriwether & Tharp LLC | Patrick Meriwether
    In Georgia, you should work out all issues in your settlement agreement. If one party is going to keep the house, then the agreement should make it clear that person is responsible for all expenses on that house. This clause, however, will not protect you from third parties. So, by way of example, if you are both on the mortgage and the wife fails to pay for it, the mortgage company can come after you personally for the balance, even if you quit claimed the house to your wife in the divorce.
    Answer Applies to: Georgia
    Replied: 6/21/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    Factors like you question are usually simple to deal with, once all the information needed is known. Usually, you don't pay those other things but there are times that that would be a requirement on you. You should talk to a lawyer and give more information to get a better answer.
    Answer Applies to: Connecticut
    Replied: 6/21/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Maybe and maybe not depending on the details of your finances, none of which you shared.
    Answer Applies to: Georgia
    Replied: 6/21/2011
    The English Law Firm
    The English Law Firm | Robert English
    If she take possession and ownership of the home in the final judgment, then she would normally be responsible for all the costs associated with that asset.
    Answer Applies to: California
    Replied: 6/21/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    If the house is awarded to your wife by the Court or through a Stipulated Judgment (i.e., by agreement of you and your wife, reduced to a Judgment, the costs of the house, including insurance and maintenance will be hers to pay. If, instead, you give the house to your wife against her wishes, you could still be held responsible to pay costs related to the house.
    Answer Applies to: California
    Replied: 6/21/2011
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