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#161621 - 12/22/06 01:34 PM Who pays the mortgage?
goodman Offline
Member

Registered: 12/02/06
Posts: 6
I came accross an artical titled Who Gets the House? on a Family Education web site. This is it.
***The spouse who pays the mortgage from the time of the divorce until the house is sold should probably get a credit form the net sale preceeds (gross proceeds less outsnading mortgage, broker's fees, and so on) to the extent the principal of the mortagage was reduced while he or she lived there and paid the mrotgage deductionfor tax purposes. [b]However, if the remaining spouse is paying the mortgage with support from the other spouse, it might be fairer to simply agree to divide the net proceeds with no credit to the remaining spouse for his or her mortgage payments.[/b]
I've been paying my ex-spouse child support and she live in the house and I'm being told by her lawyer that I owe her half of the mortgage payments from the time we divorced until now. If this article is correct then I don't owe her nothing because I pay her support and she use it to pay the mortgage. If anyone can tell me where I can find the law for this situation in Louisiana, please help me.

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#161975 - 12/29/06 08:28 PM Re: Who pays the mortgage? [Re: goodman]
somebody8106 Offline
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Registered: 09/25/06
Posts: 501
Does she work? Is her only income child support and alimoney?

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#162054 - 12/31/06 03:58 AM Re: Who pays the mortgage? [Re: somebody8106]
goodman Offline
Member

Registered: 12/02/06
Posts: 6
Yes she works, remarried and received child support from a previous relationship.

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#162208 - 01/02/07 11:34 AM Re: Who pays the mortgage? [Re: goodman]
somebody8106 Offline
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Registered: 09/25/06
Posts: 501
If she works and gets other income other than your cs how can you say your support alone paid for the mortgage?? Child support is just that - support for the child. You can't say that because you paid child support that you paid for the mortgage on the house when she works and has income of her own from other sources...does this make sense?

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#194285 - 04/20/08 09:53 AM Re: Who pays the mortgage? [Re: somebody8106]
Rdvercher Offline
Member

Registered: 04/20/08
Posts: 7
Louisiana is a community property state....you NEED to sell the home and get your half or she must pay you half the amount that you have paid on it up to the time of the divorce...the only law that Louisiana has on this is that since she has the children she get to live in it until you sell....and you have the right to force her to pay your half or SELL.

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