Separation and Divorce

[thecapt]

What is the name of your state (only U.S. law)? Illinois
My wife and I are currently separated. She moved out last week by her choice which leaves me with the house.(in both are names) We agreed to split the bills until the divorce was final and then go our separate ways. She is now saying the lawyers will figure this out. We just received our property tax bill from 2009 for a large amount. My question is, if she doesn't pay any of the house bills or tax bill can I go after her for her half in the divorce? Any help would be appreciated. Thank you.

 

[mistoffolees]

What is the name of your state (only U.S. law)? Illinois
My wife and I are currently separated. She moved out last week by her choice which leaves me with the house.(in both are names) We agreed to split the bills until the divorce was final and then go our separate ways. She is now saying the lawyers will figure this out. We just received our property tax bill from 2009 for a large amount. My question is, if she doesn't pay any of the house bills or tax bill can I go after her for her half in the divorce? Any help would be appreciated. Thank you.

Not likely. You are still married, so any expenses are marital.

It will come out in the wash, though. Let's say you have $10 K in a checking account and the property tax bill is $4 K. After you pay the property tax bill, there's only $6 K left to be divided so you each get $3 K (meaning that you each effectively gave up $2 K).

 

[thecapt]

What if there is nothing left in the account? I'm going to have to borrow the money from my father.

 

[mistoffolees]

What if there is nothing left in the account? I'm going to have to borrow the money from my father.

It doesn't matter.

Have your father draft a loan document with repayment terms and you may be able to get your stbx to pay part of it. No guarantee since you'll be keeping the house, but it's possible.