A member asked almost 9 years ago

Marriage separation

If my husband moves out of the property to rent a separate premises prior to the devision of assets do I have to pay all of the mortgage as well as the house insurance? 

Daniel Myers
Family Lawyer at Schetzer Papaleo

Dear Madam,

It's not possible to give an answer to your question in isolation to all other other circumstances surrounding your marriage. However, the mere fact of your husband moving into rental accommodation of course won't make him any less liable to pay the mortgage from the bank's perspective. However, as between you and him, the responsibility for this expense (and the house insurance) is likely to be determined by your respective financial capacities and your respective financial needs in light of the new regime e.g. taking into account what you each earn as an income, any child care responsibilities, the payment of any child support, the size of his rent, the size of the mortgage and so on. In short, there is no automatic rule or law that would apply to your question in each case - it would depend on the overall circumstances of the couple and the history of the relationship.



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If you require any further information please do not hesitate to contact me at my office on 03 8376 7000 or here
http://www.fgd.com.au/who/family-lawyers-melbourne/daniel-myers

Answered almost 9 years ago   Legal disclaimer

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