IS SHE RESPONSIBLE FOR 1/2 OF MORTGAGE?

The state is PA. Three and a half years ago, my boyfriend's wife left him and their children for another man. She lives with her boyfriend, and they both work. My boyfriend has continued to live in the house and pay the mortgage on his own, even though it is in both his and her name. Up until last October, he had full custody of the kids and she paid him child support. Since October, they have had shared custody of two of the children, and the wife has had full custody of the older daughter, so now he pays her support. Now he can barely pay his bills, and the only reason he has been able to pay the bills on time is because he received $$$ from his tax return. Sooner or later, that money will be gone, and he will have more money going out to pay the bills than he has coming in. Is there any way he can legally make her pay back 1/2 of what he has paid for the last three and a half years and/or assume responsiblity for 1/2 of the payments now? The divorce has not been finalized yet because they are in dispute over the property settlement.

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Basically, it depends on if your state follows community property law or not. But generally speaking, if they are living separate and apart and there is no indicia of married life, what she has not paid in that house, is his. Ie.. when they divorce there will be an equitable accounting and he will get more, simply because she did not contribute.

He will not get anything now, but should put all the paperwork together for the lawyers to sift through.

may i suggest reading the family law section and all subsections at freeadvice.com's homepage.
hope this helps.

Two problems:

#1 - He needs financial relief now. He can't wait until the divorce and property settlements are final. Sooner or later, his $$$ from tax return and other savings will be gone and he will not be able to pay all of the bills with his paycheck alone. That's why I asked if there was any way he can legally make her responsible for 1/2 of the mortage payments now. Who knows how long this is going to drag out?

#2 - You said that "when they divorce there will be an equitable accounting and he will get more, simply because she did not contribute." Well, that's what we were thinking too. Although PA is an "equitable distribution" state, sometimes things are not equitably distributed at all. Much of it is up to the judge's discretion. On top of that, his ex has said that she will claim "fair rental value" from him, and that the "fair rental value" will cancel out all of the $$$ he has spent on the mortgage and other things to maintain the home. There is nothing in the PA statutes for equitable distribution regarding fair rental value. I assume it is something that is, again, up to the judge. I can see where the "fair rental value" would come into play in a lot of instances, such as when one of the spouses is evicted by the other spouse, but do you think a judge would allow her fair rental value in the equitable distribution equation, even though she is the one who left willingly to be with her boyfriend? She also abandoned her children, and they lived in the house with him. Do you know if there is some kind of criteria a judge uses to decide whether or not to allow fair rental value, or is it just on a case by case basis? More importantly, do you think a judge will allow her fair rental value, based on the above info?

Fair rental value should not be an issue between co-owners of property. Each owner is entitled to live in the house. If she chooses not to live there, that's her problem. She doesn't get rewarded for it too.

However, if he can't make the mortgage payment, he's in 'too much house.' He needs ask that the house be sold and the proceeds split. Alternatively, he needs to resume custody of the 3 kids and get CS again.

------------------
This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.