Do I have to pay half the HOAfees on our house if my husband is getting it in the divorce?

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Do I have to pay half the HOAfees on our house if my husband is getting it in the divorce?

My husband and I are waiting on our final divorce decree. There is a backlog in our county’s courts so it could be awhile still. In our separation agreement, he gets the house and all debts or profits that go with it. I will sign the quick claim deed as soon as the divorce is final. He wants me to pay half the HOA fees since my name is still on the deed. Neither of us live in the house anymore and he is renting it out. Do I have to pay the home owners association fees?

Asked on August 17, 2011 Alabama

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

How the matter is worded in the separation agreement will be key here as the date certain for transfer of the rights and obligations of the property.  What I can say is that he can not have his cake and eat it too. By that I mean he can not ask you to split the expenses while pocketing the income.  If he wants you to pay half the HOA fees then ask for a set off from the rental income.  Does the rent cover the mortgage (which you are obligated to pay)?  How is that issue resolved?  Also, make sure that if you do have a mortgage on the property that he refinances before you sign the deed over to him.  Otherwise you bear liability without benefit.  Good luck.


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