QUESTION

Who gets the house in a divorce?

Asked on Dec 05th, 2012 on Divorce - Florida
More details to this question:
Husband made the down payment. They have joint checking and made payments together for four years. He says 98% for him and 2% for her.
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10 ANSWERS

Steven D. Dunnings
Hire an attorney. You need help.
Answered on Apr 11th, 2013 at 11:49 AM

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If the house was purchased after marriage then the equity will be split equally between the parties. You should consult a family law attorney to review all of the facts and advise you.
Answered on Dec 06th, 2012 at 11:57 PM

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No easy answer based on the limited facts. It depends on who holds the tile, when it was purchased and if there was spate property used for the purchase. Hire an attorney to help you with this.
Answered on Dec 06th, 2012 at 11:46 PM

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Car Accidents Attorney serving Milwaukee, WI at Velez, Moreno & Vargas, LLC
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Either the divorcing parties agree to who keeps the home or a trial is held and a Judge decides.
Answered on Dec 06th, 2012 at 11:45 PM

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Family Attorney serving Sacramento, CA at Peyton & Associates
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It is not that simple. There is a formula for calculating these things. It is called the Moore-Marsden formula. If the down payment was made from husband's money he had before he married you or money he inherited (ie, separate property), he gets that amount reimbursed but you are entitled to reimbursement for about one-half of all payments made during marriage. But the math isn't that simple. You will need an attorney to help you calculate the Moore Marsden amount.
Answered on Dec 06th, 2012 at 11:27 PM

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Medical Malpractice Attorney serving Clermont, FL at Joanna Mitchell & Associates, P.A.
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Anything that was acquired during the marriage is marital property subject to 50/50 distribution, regardless of who paid for it or whose name it is in. You should consult with an attorney before agreeing to anything.
Answered on Dec 06th, 2012 at 11:25 PM

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It is not that simple. Get an Attorney.
Answered on Dec 06th, 2012 at 11:22 PM

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In Michigan, both parties would be entitled to an equitable split of the marital equity in the house. Consult with an attorney to discuss this further and see what you can expect.
Answered on Dec 06th, 2012 at 9:11 PM

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Everything is negotiable. If you can't get it settled, perhaps you should consider Mediation. Do you really want a Judge to decide this issue for you? Mediation is Fast, Effective and Affordable. Good luck.
Answered on Dec 06th, 2012 at 9:04 PM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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He is wrong in Florida. Any money earned during the marriage is a marital asset. He does not get 98%, but 50%.
Answered on Dec 06th, 2012 at 9:03 PM

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