Can wife demand "back rent" for living in her house as husband and wife?

[snunes1970]

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


My wife and I are getting a divorce after 21 months of marriage. She owns the house we live in. My name is NOT on the mortgage or title. My wife was pressuring me to refinance the house so both of our names would be on the loan and title, but it was around that time that I realized the marriage wans't going to work out. I refused to get involved with ownership of the house, however, I did begin paying for half of her mortgage payment out of my own account as a gesture of good faith so it would not appear as if I was freeloading (living in her house without helping pay for it). I paid half of her mortgage payments from month 13 through 18 of the marriage before we separated and my wife kicked me out of the house.

Now that we're getting a divorce and are attempting to settle things without going to court, my wife is requesting/demanding that I pay "back rent", or half of her mortgage payments she made during the first 12 months of the marriage.

Am I liable for these payments? She owns the house 100% (purchased before we got married), and thus reaps any benefits of increased equity. I don't believe I owe her anything with regard to her mortgage payments. As I said, I began helping make her payments on my own for morality reasons. But I do not believe I am legally responsible for any kind of back rent for time spent living in her house as husband and wife. Am I correct in this assumption? Would a court rule that I owe her for 12 months of half mortgage payments? This was a marriage that just didn't work out, there was nothing fraudulent about it. Just two people who got married too quickly and after months of counseling it became clear it wasn't going to work.

 

[mistoffolees]

Am I liable for these payments?

No. Your wife needs to have someone explain to her what marriage is all about.

 

[LdiJ]

Seriously, while its true that morally you probably should have been covering a fair share of living expenses all along, you had absolutely no legal obligation to do so, nor does she have a legal leg to stand on now.

 

[mistoffolees]

Seriously, while its true that morally you probably should have been covering a fair share of living expenses all along, you had absolutely no legal obligation to do so, nor does she have a legal leg to stand on now.

Well, he DID pay half of the mortgage for 6 months of their marriage. Without more details, it's impossible to say if that was a 'fair share' or not.

 

[mommyof4]

Seriously, while its true that morally you probably should have been covering a fair share of living expenses all along, you had absolutely no legal obligation to do so, nor does she have a legal leg to stand on now.

Huh? So are you saying that I am shirking my marital duty because I don't contribute financially to the living expenses for my home and family?

Don't think so.

 

[LdiJ]

Huh? So are you saying that I am shirking my marital duty because I don't contribute financially to the living expenses for my home and family?

Don't think so.

I assume that you are a stay at home parent? That's a totally different situation. If a married couple makes the choice for one of them to stay home and raise the children, that's a valid choice.

This case apparently does not involve children and apparently has both spouse's working....therefore yes, both spouses should be contributing to living expenses.

That doesn't necessary mean either that each bill has to be divided in half...but both should contribute.

 

[nextwife]

I assume that you are a stay at home parent? That's a totally different situation. If a married couple makes the choice for one of them to stay home and raise the children, that's a valid choice.

This case apparently does not involve children and apparently has both spouse's working....therefore yes, both spouses should be contributing to living expenses.

That doesn't necessary mean either that each bill has to be divided in half...but both should contribute.

I disagree. I owned my home before marriage. I pay 100% of the mortgage (after all, it's MY house, and dealt with in my prenup), and I do not want to have my husband pay any of the mortgage on my house. He takes care of certain other household expenses, but we don't "count". And no, I am not a SAHP.

 

[xylene]

What amounts to an 'equitable' way to decide living expenses does not matter to the legal question.

Whether there was a great reason or the guy was a freeloader, he doesn't owe 'rent' retroactively for when he lived there and his paying 'rent' or a portion of mortgage for some period doesn't change that.

 

[VeronicaLodge]

dont forget to point out to your soon to be ex that you are entitled to half the equity that may have accrued in the marital home during the 18 month marriage.

 

[mistoffolees]

dont forget to point out to your soon to be ex that you are entitled to half the equity that may have accrued in the marital home during the 18 month marriage.

I'm not sure I'd do that. It's extremely unlikely that any significant equity has accrued and if he makes a big deal of it, she might well try to make him pay half of the loss - and they'll end up paying excess attorney's fees.

Rather, I would ask a realtor for an estimate of the home value to first get an idea of whether there's been any increase. Then, AND ONLY THEN, would I raise the issue with her.