PDA

View Full Version : Marital Property Expenses during separation


stilleyman
Apr 16, 2006, 11:01 AM
I am separated pending a divorce. My ex met someone else and moved out to live with him. I am living in condo until it sells - which may take a while. Since condo is in joint name and is marital property, is she responsible for some part of the monthly condo maintenance fee and insurance premium? We live in Florida - with equitable distribution applying? Any idea where I could search to find case law on this issue? Thanks!

Fr_Chuck
Apr 16, 2006, 12:37 PM
The only way you can "make her pay" would be to get a temp court order to. But if she refuses,? Case law can't really help, since your judge may or may not accept case law outside of Flordia and then may not even accept other rulings in flordia since divorce agreements differ greatly.

If you did not even pay the condo maintenance fee, does it not merely become a debt when you sell that would be paid off when you sell.

And of course they are suppose to be paying a share but there is almost no way to make them until you get in front of the judge.

It sounds like you don't have an attorney?? Get one, and start getting some filings done.

fredg
Apr 17, 2006, 07:07 AM
Hi, stilley,
I agree with the previous answer about getting a lawyer. I am not a lawyer, but have been through a divorce, many years ago.
Since she is the one who moved out, you may have some things on your side now to your benefit. Please check around with friends, or co-workers if any, to get a suggestion about a lawyer's name, and call them. A lawyer can suggest what you should be doing right now, such as filing Separation Papers if required in your local area.
I do wish you the best, and good luck.