snunes1970
Junior Member
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.
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.