If your husband is signed on the mortgage as you suggest, he is liable to the bank to make the mortgage payments just as you are.
However, since you are occupying the home and he is paying rent, you should cover a larger portion of the mortgage payment.
The exact amount should be determined by examining all of the other financial and other considerations that are being proposed as a result of theSeparation.
If you are living in the NYC metro area, please call me to arrange a meeting for the 3 of us to discuss this matter in greater detail
And to work out all of the many other issues that must be agreed upon for the separation to work.
Leonard Weiner, Esq./Divorce Solutions
You are unfortunately caught in a serious dilemma. You can try to take him to court to have the judge force him to keep up the payments or have you removed from the mortgage and credit cards. In any case , this is why it is so essential to have a qualified attorney who is experienced in divorce matters to represent you or to mediate a separation or divorce. Any experienced lawyer would have provided for responsibility for all outstanding liabilities, mortgages etc. in the Separation Agreement. The divorce process is too emotionally draining and too complex for anyone to try to do it by himself/herself. Before the bank would foreclose on the house it would have a right to seek payment from you as a co-signee on the mortgage. Even if your husband declared bankruptcy, the credit card company can still try to collect from you.
LESSON # 1 For the Future – USE AN EXPERIENCED ATTORNEY! It will cost you much more later if you do not!
Leonard M. Weiner, Esq / Divorce Solutions