Help for Spouse to Occupy the House with only Spousal Support

[tim99]

What is the name of your state (only U.S. law)? Ohio

My wife and I are moving towards dissolution. No kids. One income (mine) supports the bills, she is going to school for one more year.
She does not have a full time job and can't support the mortgage herself.

I want to create a situation where she stays in the house for the next 12 months while she finishes school, and I move out in the meantime. Then after 12 mo, we sell the house then.

Her lawyer is telling her there is no way that she would be able to stay in the house by herself because she herself could not technically support the house by herself, even though I would continue to pay for the mortgage, etc.

Is that true, is there no scenario that would let her stay in the house over the next year?

How do people do it if the Mom gets the house when they have kids and she did not have an existing income before that?

Thanks for any help you can be.

[LdiJ]

Originally Posted by tim99

What is the name of your state (only U.S. law)? Ohio

My wife and I are moving towards dissolution. No kids. One income (mine) supports the bills, she is going to school for one more year.
She does not have a full time job and can't support the mortgage herself.

I want to create a situation where she stays in the house for the next 12 months while she finishes school, and I move out in the meantime. Then after 12 mo, we sell the house then.

Her lawyer is telling her there is no way that she would be able to stay in the house by herself because she herself could not technically support the house by herself, even though I would continue to pay for the mortgage, etc.

Is that true, is there no scenario that would let her stay in the house over the next year?

How do people do it if the Mom gets the house when they have kids and she did not have an existing income before that?

Thanks for any help you can be.

The two of you can agree to anything that you like. If you agree to pay the mortgage and bills and let her live there, pending a sale, you are perfectly entitled to make that agreement.

However, if this has been a long term marriage, and you are offering that in lieu of alimony/spousal support, that might explain why her attorney is opposed.

[Ohiogal]

Originally Posted by tim99

What is the name of your state (only U.S. law)? Ohio

My wife and I are moving towards dissolution. No kids. One income (mine) supports the bills, she is going to school for one more year.
She does not have a full time job and can't support the mortgage herself.

I want to create a situation where she stays in the house for the next 12 months while she finishes school, and I move out in the meantime. Then after 12 mo, we sell the house then.

Her lawyer is telling her there is no way that she would be able to stay in the house by herself because she herself could not technically support the house by herself, even though I would continue to pay for the mortgage, etc.

Is that true, is there no scenario that would let her stay in the house over the next year?

How do people do it if the Mom gets the house when they have kids and she did not have an existing income before that?

Thanks for any help you can be.

Her attorney is wrong. You can agree that she stays in the house for the year with you paying the mortgage and her taking care of the utilities.

[tim99]

Even if she does not pay the utilities, would there be a way to do that (me paying everything)? I have not seen the actual proposal yet, but it still seems like the atty is telling her that maybe she doesn't want to get in the place where she would end up liable somehow.

Not sure either way if we would have to keep both names on the mortgage, just mine, just hers, or if it even matters...

[LdiJ]

Originally Posted by tim99

Even if she does not pay the utilities, would there be a way to do that (me paying everything)? I have not seen the actual proposal yet, but it still seems like the atty is telling her that maybe she doesn't want to get in the place where she would end up liable somehow.

Not sure either way if we would have to keep both names on the mortgage, just mine, just hers, or if it even matters...

Her attorney doesn't want her to be legally liable in the divorce, to maintain a home that she cannot afford.

However, again, if you are agreeing to pay the bills, (and I assume you have a reason for doing so) then a judge would be unlikely to have a problem signing off on it.

[tim99]

Thanks everyone for the assistance, I will keep working on a way so that she can stay in the house for a year, and I hope she has not given up on that idea yet.