Recouping Mortgage and Utility Costs: What’s Possible
So, the judge has ordered that the marital home be sold during the temporary orders phase, and they’ve also ordered you to pay the mortgage and utilities until the sale goes through. The question is—can you recoup those costs?
Hi, I’m Tulsa Dads.Law attorney Clint Hastings. I practice here in Tulsa, Oklahoma, and I focus on fathers’ rights.
Yes, You Can Recoup Those Costs
The short answer is: Yes, most likely you can. Typically, you’re allowed to recoup those payments from the sale proceeds, before the equity is divided between the parties. It’s a matter of fairness.
For example, let’s say you’re already paying alimony and child support during the temporary phase, and your ex doesn’t have the ability to cover the mortgage—even with the alimony payments. If you step in and cover those payments to preserve the home’s value and get it sold, you’re generally entitled to be reimbursed for those costs.
How Reimbursement Works
That reimbursement may not happen right away. In some cases, you’ll need to wait until the final trial. However, your attorney should fight to have that included in any settlement agreement, avoiding the need for trial if possible.
Contact Us for a Consultation
I hope this helps. Visit our website for more information, and if you have questions about this or any other family law matter, give us a call at (918) 962-0900. Tulsa alimony attorney Clint Hastings will be happy to speak with you and schedule a consultation. Thanks.
