ANSWERS: 1
  • Additional facts are needed to answer this fully. However, the answer is no, but the reason will depend on what state you live in. The mortgage is in your name only so you are the only one liable to the bank. As for whether or not she should be paying for half the mortgage, this gets a little more complicated. If you purchased the property yourself WITHOUT using marital assets, then upon dissolution your wife has no claims to the property. This is true in a community property state or a non-community property state. However, in a community property state, all money earned is owned 50/50 with your spouse. For example, suppose you received an inheritance and put that money in a separate bank account only in your name. You then bought the house only in your name and paid for it only from that separate account. In this case the house is only yours. Upon dissolution of your marriage, your wife would have no claim to the property. Now assume that you bought the property in your name and only used money from your paycheck to pay for it. In this case, if you live in a community property state, then the equity in the house is jointly owned by you and your spouse. The reason for this is that all money earned during the marriage is owned by both parties in a community property state. So to answer the question as to whether she has to pay for half; under the law she may be paying for half (remember half of every dollar you earn is hers). However, all the money she makes, and anything she buys, is also half yours. You should see about getting a legal separation which will maintain the status quo if, or until, you get a divorce. Once you are legally separated, a court will consider all debts incurred and all money earned after the separation to be separate income and debts. Your wife would still not be obligated to pay half the mortgage, but she also would not be entitled to have the equity of the money you pay. The same is true for the credit card debt. Even though it is in her name, if you used the card to pay for items intended to be used jointly, you could be liable for half the debt. However, if you can prove at what point you separated (even though you are not legally separated), you could avoid debts made after separation. But again, you will save yourself a lot of headaches by just getting legally separated. The law will continue to consider you as married (and jointly liable) until you are legally separated. To sum this up, a marriage in a community property state means that both spouses own half of everything acquired during the marriage. If you don’t live in a community property state then this is not true, but your wife still would have no obligation to pay half the mortgage.

Copyright 2023, Wired Ivy, LLC

Answerbag | Terms of Service | Privacy Policy