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morgatge payments

my husband and i are separted and he has moved out. i live at the house where we have a joint morgatge and secured loan against the house with our 2 children (7years old and 5 years old). should he be paying a % of the morgatge and secured loan payments as well as csa?

Re: morgatge payments

Yes he should. Until the divorce is in place he is responsable for half the mortage. If he does not pay it will be deducted at the divorce. ex. My payment is 800 so his half is 400. he has not paid in over a year so when we split the equity his half will be deducted getting less. As far as personal loans that will split down the middle. Hope this helps.

Re: morgatge payments

Be careful with this a divorce settlement is not as easy as just a 50/50 split, there are many reasons that it would not be.
It could be fought that you had 100% of the benifit of living in the home and should be 100% responsible for the payments and home upkeep while you resided in the home. Additonally the other half could prove that without his name on the loan you would not have had the loan and it is his investiment rights to get 50 of the equity in the home. This happen in my divorce except for worse, in order to avoid me having to pay additional spousal maintenance he got all the payments that I made and all the equity in the home.
Divorce settlement is not as black and white as one would like to believe and for every opinion of what will legally happen there is many excuses as to why it won't be the correct legal ruling. If your ex has a good attorney and you do too you will only know what will happen when the dust settles at the time of the final agreement of judges ruling. Get a court ruling do not just depend on what he or she said as it may or may not happen.