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can spousal maintance be terminated if I take on a renter or if someone moves into my house. Both my names are on the mortgage
Nov 19, 2016
Family Law
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Bill HenryFounding Partner | 18 years of experience
Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 18 years of experience

Hi Misa, Confusing question. You say both your names are on the mortgage. Whose names? Your spouse or the new roommate? Presumably it’s not the roommate if you’re truly taking on a renter. That is the real question. If you hold yourself out as being married and agree with that person, you risk being common-law married and potentially having your ex-spouse pursue termination of the spousal maintenance. If you have an agreement that spousal maintenance terminates upon co-habitation with a significant other, you could be at risk of the same consequence by having a renter that you may or may not also be dating. If you would like to have a consult with an attorney, we provide free case assessments for dissolution of marriage cases, both before and after the decree of dissolution of marriage is entered. Hopefully, with more information you can obtain more direct advice concerning how the law applies in your situation.

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