Who Pays the Monthly Charges on an Apartment After Divorce?

Posted By The Hunter Law Group || 28-May-2013

When a couple files for divorce, it can create difficulties. Couples that used to share an apartment may end up with thousands of dollars in monthly charges and be unable to pay. As a result, the apartment managers will probably come after the tenants, asking for the funds for common charges or arrears. Who has to pay these monthly charges on the apartment after divorce? Typically, the individual who remains at the apartment will take the responsibility for all payments.

In some cases, court battles about arrears can drag on for months. This is especially true in situations where the spouses are discussing a second home. Because it is not a primary residency, they may have no particular interest in resolving the issue-at-hand. According to Habitat, a co-op board can evict shareholders who don't pay their maintenance bills because the co-op has a lien on the apartment.

Yet condos don't have the same type of protection, because the condominium owner doesn't get paid until after the banks and tax entities have collected their money. Sometimes, the condo complex or apartment complex will freeze assets as a result. The courts will rarely intervene if the property isn't the couple's primary residence. Many times co-ops will sue for the money that they are owed, but it is not particularly certain whether or not why will win the argument in court.

If you want more information about monthly charges and apartment costs, then you need to talk to a Mission Viejo divorce attorney today. With the right lawyer on your side, you will be able to effectively argue for your preferences and may be able to resolve payment disputes. At The Hunter Law Group, there are caring and reliable attorneys ready to assist you in your case. Don't hesitate to contact them today for more information.