QUESTION
Is it safe to say I will keep my house in a divorce?
Asked on Feb 19th, 2013 on Divorce - Florida
More details to this question:
I bought my house with my own money for the down payment. I am the only person on the house. The house was purchased 2 years before I was married. My husband has paid about 40% of the mortgage over the last 4 years. I have paid the other 60%.
10 ANSWERS
Theodore W. Robinson
I'm not sure what you mean by "safe" to say "you'll keep your house" But if you and your husband paid for any part of the mortgage principal pay-down during the course of your marriage - regardless of who paid what portion (since whatever both of you made during the term of your marriage would be considered marital assets) he is likely entitled to half of whatever the pay down in principal was from the time of marriage until now. He may also be entitled to any increase in value too, but you didn't include enough details to provide you with an answer. Those are some legal conclusions under NYS law, but the facts of your specific case may mitigate some of the conclusions. This is a factual issue that must be resolved before final answers can be offered. Good luck.
Answered on Feb 20th, 2013 at 11:08 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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It is possible there may be a split of some percentage since he has contributed to it during the marriage.
Answered on Feb 20th, 2013 at 10:50 PM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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You owe the community for the monies contributed to your separate property. One half of what the community paid is owed to the other spouse. You should consult an attorney to help you determine what is owed.
Answered on Feb 20th, 2013 at 7:02 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Talk to an attorney. It was your separate property house and so is yours, unless you put him on the deed. The community paid down the principal and the community is entitled to part of the appreciation, if any. There are formulas that have to be applied to the case.
Answered on Feb 20th, 2013 at 7:00 AM
If you can afford to buy out his interest in the community property or give him another asset of comparable value then you would be able to keep the house. If nothing is worked out between the parties, then the court will order it sold and the proceeds divided.
Answered on Feb 20th, 2013 at 7:00 AM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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This is an asset to be divided in the divorce. Your husband can claim a portion of the equity. Talk to an attorney about this issue and discuss your options.
Answered on Feb 20th, 2013 at 7:00 AM
If the house was owned by you prior to the marriage and if you did not add your husband to the deed after you married, then it is very strong likelihood that the house will be confirmed to you as your sole and separate property; however, since the house was maintained during the marriage (regardless of the "percentage of contribution"), your husband may have a claim to be reimbursed for a part of what the "community" (i.e. both of you) put into the house during the marriage. I recommend you consult with an attorney for additional information.
Answered on Feb 20th, 2013 at 6:59 AM
Family Law Attorney serving Rolling Hills Estates, CA
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John H. Sibbison, III Professional Law Corporation
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Your husband has what is called a Moore Marsden interest in your house. It's a formula that has been devised by the courts to protect the non owner spouse for the community contributions to the residence.
Answered on Feb 20th, 2013 at 6:57 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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probably but he will have an interest in the house that you will have to deal with. You will require an attorney to do it right.
Answered on Feb 20th, 2013 at 6:56 AM
John Arthur Smitten
The pay-down of the mortgage and the increased equity is a marital asset.
Answered on Feb 20th, 2013 at 6:56 AM