The separation of the spouses does not stop the accumulation of expenses. The expenses of the house, the debts to be paid, the expenses of the family. The spouses are faced with the big question: who pays the bills during separation?
Go on to know more!
Who Pays the Bills during Separation: What Law Says?
If the spouses had chosen the regime of separation of property, each of them retains the ownership. In this case, the problem of “outstanding accounts” is easily solved. Each one will bear the expenses of what they have bought.
Despite having chosen the separation regime, if the spouses had jointly held assets, they need to find a division agreement. Otherwise, the judge will carry out the division.
If, on the other hand, the spouses were under the community of property regime, the communion will end with the separation. When the communion is, the spouses will be able to proceed with the common property division. Everything must be distributed in equal parts: both the assets and the liabilities (loans, bills, consumer credits, mortgages).
The assets that are not divisible (such as the car) can be sold and divided between the parties.
Who has to pay the debts in case of a community of assets?
If spouses have contracted debts during the marriage, you have to make the timeline clear because the final result will be different in case of debts made before or after separation.
Debts that arose before the separation
In this case, the creditors will be able to attack only the assets that are included in the community.
If the common assets are not sufficient to cover the debts, you can use personal assets. The creditors have the right to act on the personal assets of each spouse.
Debts arising after the separation
If the debts have been contracted after the separation, the creditors will be able to attack each spouse’s individual assets. In this case, the one who has contracted them will pay the debt, not the ex.
Who has to pay the house tax?
As for the property tax payment, the payment is up to the owner of the right of use. Remember, it’s not to the owner of the property.
Therefore, it is the assignee spouse who actually lives in the apartment has to pay the tax.
Who has to pay the bills?
The ones who occupy the house will pay bills (ordinary maintenance, bills, and ordinary condominium expenses). Because the assignee benefits from the services to which these expenses refer.
Who has to pay for home repairs?
Regarding home repairs, we must also distinguish between ordinary or necessary repairs and extraordinary or improvements.
The ORDINARY repairs are those derived from natural wear and tear and the course of time. This aims to maintain the property in optimal use and occupancy. These works are for the account of whoever is assigned the use of the property.
However, the works or EXTRAORDINARY REPAIRS or IMPROVEMENTS are those that affect and reevaluate the property. These are on account of the owner or owners of the home, not the user thereof.
Who has to pay the extraordinary expenses of the properties?
Extraordinary expenses, on the other hand, must instead be divided in half by each. We are referring to those relating to renovations on the joint property.
Who has to pay the mortgage, and who benefits from the related deductions?
The one who is in contract with the bank will have to pay the mortgage.
If the spouses have taken out a loan to purchase the family home, the solution is different.
In the event of mutual separation, one spouse becomes the sole owner of the property. This owner will then pay the mortgages in the future. He will get a tax deduction on the interest expense of the entire sum.
Deductions for dependent children
The personal income tax deductions for dependent children can be divided between the two parents in two ways:
– Half of the deduction to each parent (50% each),
– The entire deduction to the single parent who has the highest income (100% to the one with the highest income).
In case of disagreement, the following breakdown is foreseen:
– 50% each if they are married or living together,
– 100% to the custodial parent if they are separated or divorced, and the child is exclusively entrusted to a parent,
– 50% each if they are separated or divorced, but there is joint custody of the children.
One of the doubts that most arise in a divorce lawyers who pays the bills during separation. We tried to answer all the probable questions regarding this matter. However, we highly recommend contacting an experienced l