Responsibilities if move out of home

I found out recently that my husband is having an affair. He will not leave the house therefore I want to leave. Does anyone know what responsibilities that I have in addition to 1/2 of the mortgage payment? I would think that I should still pay for any debt of mine (i.e. credit cards, my loans, etc.) but what about the utilities and HIS car loans or car insurance for example? HELP!!! I am in Florida.

I am puzzled by your question. What he "should" do and what he "will" do ( short of a court order, and often times doesn't do even WITH a court order) are two entirely different things. If you are "leaving", I am assuming you are divorcing. This means HIRE AN ATTORNEY. You are assuming you are responsible for half of everything--and this is not necessarily the case, especially if you have proof he committed adultery. Also, other things come into play, such as any children, if you work outside the home, etc. Please do not tell me you are just walking out ( without a divorce or attorney ) and are going to assume he will act in good faith. He HAS no good faith--he is an adulterer, remember?

DON'T leave the house. It may be considered abandonment, especially if the house is in both of your names. Stay put and pick up the phone IMMEDIATELY. Don't tell you husband your "next move"---act now to secure or at least protect your future financial well being. You stand to get the lion's share, if you choose to.

Although it is possible to go to mediation, yada yada, blather, blather, and no one can tell you when your marriage is over ( insert whining violins ) the reality is-- the man has proven he cannot be trusted. Act immediately. Any delay can be critical. The cost of an attorney is negligible compared to what you stand to lose. Good luck.

Florida isn't a community property state, but is an 'equitable distribution' state. Simply put, this means that assets you acquired prior to your marriage not including real property, and any liabilities either of you have incurred (also prior to your marriage)are your own individual responsibilities and benefits. Your home, cars, bank accounts, insurance policies, monthly bills, etc (any assets or liabilities opened during your marriage) are all a part of your marital assets and liabilities which will be addressed by the courts if you and your husband can’t come to a “pre divorce” marital settlement agreement. It may not necessarily be an “equal” share of either one and you’ll be leaving yourself open for possible future problems if you and your husband don’t sit down and devise a specific agreement between you, with an attorney's guidance. It should be recorded as soon as possible, so that you can vacate the home and still be protected. The courts can incorporate this Property Settlement Agreement into your final divorce, if in fact that’s what you end up doing .. or into a legal separation agreement, if you don't. All this really does is protect your interests in your marital assets and spell out responsibility for marital debts.

Your question seems more related to your credit responsibilities. Each of you are responsible for any debts which appear in your names. When it comes to any joint debts (with both names on them,) both of you are responsible in the eyes of the creditors. The creditors could care less about a settlement agreement; they’re bound by the contracts you 2 entered in to at the time you took out the loans and they will not hesitate to attempt to collect payment from both of you. The same holds true for utility payments. If these are in both names, it’s up to both of you to make sure someone makes the payments on time to avoid adverse credit problems in the future. No recorded property settlement absolves you of a debt if you entered into .. as hard as it is, you and your husband need to come to an agreement as to which of you pays which bills. Both of you stand to lose in the future (financially speaking) if you don’t. Again, I wouldn't suggest you do this without legal counsel...or at the very least, have an attorney review before recording it.

It’s definitely well worth a telephone call and consultation with a divorce attorney before you vacate the home. If you leave and your husband maintains the mortgage payments, the amount of payments he makes can be taken into consideration at a later time. He could be awarded the house by simple virtue of the amount of equity he puts into it during your absence. Regardless of whether you decide to separate or divorce, you do need a legal document protecting your rights to the marital assets and specifying (in detail) which party is responsible for the marital debts. I would also suggest you don't fool yourself into believing you'll end up with anything more than an impartial and sometimes cold court system decides. The reasons for the marriage break-up are irrelevant when it comes to both credit issues or the division of joint martial property, liabilities and/or assets .. those are two clear separate issues. Below is the Florida statute you may want to review, available at http://www.flsenate.gov (Search or view statutes).

Title VI
CIVIL PRACTICE AND PROCEDURE Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; CUSTODY

61.075 Equitable distribution of marital assets and liabilities.

You may also be able to get further clarification if you also post your case on www.legalmatch.com.

You're in a difficult (but not impossible) position. Good luck to you.