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Joined: Jul 2002
Posts: 52
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Joined: Jul 2002
Posts: 52
Okay, here is the situation:

Couple divorced 5 months or so. (H cheated, moved in with OW, divorced BS, married OW right away, but adultery is irrelevant in their state). 2 kids, ages 3 and 5. BS remained with kids in the family home (owned outright). 50/50 division state. Kids at 50/50 timewise.

In property settlement, he's asking that she pay him "rent" since she and kids have continued living in the home.

How common is this? Is it 'routine' nowadays?

Any insight would be appreciated!

Joined: Feb 2002
Posts: 4,199
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Joined: Feb 2002
Posts: 4,199
This would be addressed in alimony or child support, as would division of marital assets. In older cases, they would allow the wife to stay in the marital home if she made the payments, but the husband wouldn't get his equity out until years later.

Now, they'd expect a refinance to cash out. If they still own the property together, it would be part of the financial settlement.


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