Legal Query

[carl232]

Seperated and Spouse has the children in a neutral
location where cost is not an issue at this time. We have no seperation agreement as of yet and spouse wants to buy my out the house (jointly owned). That's fine but now she indicates that she needs to rent a place in the meantime until the funds become available for the buyout. My question is that since we co-own the house and it's in both of our names (as is our bank account)and neither of us can afford to subsidize another location and we have no speration/support agreement in place am I or can I be forced to help her support herself in the new rented place? I told her we will end up bankrupt. I want her and the kids to have this house and not sell it to anyone else. I am only sitting in it to protect myself legally as she has left me, until I sell my half to her, but she has grown impatient. I'm keeping my legal options open by staying here and not wanting to be on the outside looking in, is this also the right thing to do? We live in VA

 

[LegalBeagle]

Seperated and Spouse has the children in a neutral
location where cost is not an issue at this time. We have no seperation agreement as of yet and spouse wants to buy my out the house (jointly owned). That's fine but now she indicates that she needs to rent a place in the meantime until the funds become available for the buyout. My question is that since we co-own the house and it's in both of our names (as is our bank account)and neither of us can afford to subsidize another location and we have no speration/support agreement in place am I or can I be forced to help her support herself in the new rented place? I told her we will end up bankrupt. I want her and the kids to have this house and not sell it to anyone else. I am only sitting in it to protect myself legally as she has left me, until I sell my half to her, but she has grown impatient. I'm keeping my legal options open by staying here and not wanting to be on the outside looking in, is this also the right thing to do? We live in VA

The only thing you should be paying her for is money for the children. You should work out an appropiate figure and pay her each month until you things become more formal with a court order.

 

[Kelly143]

LB will have to say whether this is even possible, but...

If she needs to rent something until the funds are available for her to buy you out of the house, why not have her rent your half of the house from you? Keep your name on the house for now until she buys it, and just draw up a paper stating how much she will be paying you each month for your half. That will also give you funds to help with your own situation, and will keep the house occupied instead of vacant.