It is common that one spouse wants to keep the marital home after the divorce, especially when that home has a low mortgage and a low mortgage rate. This article is part 2 of 3 articles discussing the many things to think about other than just the mortgage, specifically, who will responsible for and pay for the expenses related to maintenance, repairs and upgrades.


  1. Upkeep and maintenance. Who will pay for normal upkeep and maintenance?


    1. Will the in-home spouse be responsible or will this be a joint responsibility for maintenance costs?

    2. Will minor repairs under a certain dollar amount be the responsibility of the in-home spouse or both parties or will all maintenance issues be shared equally?

    3. Who will make decisions on what maintenance needs to be done?

    4. Is there a dollar amount that one party can decide without the other’s agreement such as any maintenance up to $750?

    5. An agreement delineating the responsibilities and contingencies should be part of the marital settlement agreement.

  2. Replacements and major expenses. What about major repairs and planned maintenance and replacements?


    1. Will there be a master plan for major planned replacement projects including timing, specifics about the project, budget?

    2. How will the funds be set aside for any planned replacement (windows, roof, etc.) that is recommended and agreed upon from the home inspection? Will there be a special account specifically for this purpose to ensure the funds are available when needed?

    3. Who will decide on the actual contractors?

    4. Who will manage the projects?

    5. If there are cost overruns will both parties agree to pay?

    6. If one party is displaced and needs to live elsewhere during the maintenance, will there be an offset or discount for that party’s contribution to the expense?

    7. If storage needs to be temporarily secured, will both parties pay for moving and storing household items?

    8. How will reimbursements take place? Will one party pay and request 50% reimbursement?

    9. How long before reimbursement is due to other party—3 days?

  3. Upgrades to Home.


    1. Who will decide on what upgrades are acceptable?

    2. Will there be a ceiling on the dollar amount of any upgrade and number of upgrades (e.g. $20K limit per year and only 2 upgrades in 6 years)?

    3. What criteria will be used in determining if an upgrade is necessary (for resale of home for example)?

    4. Who will pay for upgrades?