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Carrying Charges on the Marital Residence During the Pendency of a Divorce


Date: 2016-02-05

The New York Appellate Division Second Department recently held in Goldman v. Goldman, 2015 NY Slip Op 06886 (September 23, 2015) that where one party in a divorce action is paying a majority of the carrying costs at the marital residence, including the mortgage, taxes and insurance, the paying party should be entitled to a credit against the proceeds of sale of the marital residence because the costs should have been allocated on a 50/50 basis. The court reiterated the general rule that it is the responsibility of both parties to maintain the marital residence during the pendency of the divorce and that if one party pays a larger portion of what proves to be marital debt (i.e. mortgage, taxes, insurance), reimbursement is required.

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