Who pays the carrying costs of the marital residence during a divorce?

During a divorce action, the Court may order the more monied spouse to pay a majority, if not all, of the carrying costs associated with the parties’ marital residence. This includes the mortgage, property taxes, homeowner’s insurance, and utilities.

While it may seem unfair at the time, there are remedies to recover the difference in what each party had paid towards the carrying costs of the marital residence. Generally, it is the responsibility of both parties to maintain the marital residence during the pendency of a divorce action.

The Courts have held that when a party has paid the other party’s share of a marital debt, such as the mortgage, property taxes, and insurance on the marital residence, reimbursement will be required. The reimbursement may be ordered at the conclusion of trial or may be negotiated during a settlement.

If you are in a contested divorce or if you’re considering a divorce, then you should seek out an experienced matrimonial attorney to guide you through the process and protect the best interests of yourself and your family. The matrimonial and family law attorneys at the Marnell Law Group have the knowledge and experience in divorce matters and will fight hard on your behalf. Give us a call at (516)-542-9000 or send us a message on our contact page, and we will work with you to get you everything you deserve.

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