QUESTION
Am I entitled to half of the equity in the home?
Asked on Nov 23rd, 2013 on Divorce - Idaho
More details to this question:
My husband built his home and lived in it for 9 years before we met and then I moved in. I have been living there with him for 14 years, 12 of those married. I am on the NOTE for the current mortgage (and the past 2 mortgages) because he couldn't qualify without my income. All household mortgages and debts have been paid jointly for all these years. We are now divorcing.
8 ANSWERS
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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You should absolutely consult with an experienced family law attorney in your area, if possible with copies of the relevant documents on the house. You say you are on the note, but are you also on the deed to the property? In Arizona there is a very fact intensive determination to be made, and you do not provide sufficient information for an informed response. Without that information I would only say that your are certainly entitled to some of the equity in the house, but more information is needed to go beyond that.
Answered on Nov 27th, 2013 at 5:04 PM
You are entitled to a percentage of what was paid against the principal for the 12 years of your marriage. Find a good family law attorney who is familiar with a line of cases known as *Moore-Marsden*.
Answered on Nov 26th, 2013 at 4:24 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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If you are in Florida, then you have an interest in the home, although it may not be exactly half. You need to consult with an attorney in order to best determine your potential rights and options.
Answered on Nov 26th, 2013 at 4:24 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Apparently you are entitled to some of the equity in the home, if any. Constantly remortgaging means that you two probably took home equity out while refinancing so is there any equity? The equities about saying you will get 1/2 are hard to judge over this forum.
Answered on Nov 26th, 2013 at 12:00 PM
Bruce Provda
Perhaps not half, but you might get some equity depending on your contribution to the mortgage and expenses of the home.
Answered on Nov 25th, 2013 at 12:45 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Need details but you are getting there, although he will contend otherwise.
Answered on Nov 25th, 2013 at 12:04 PM
Divorce Attorney serving Bloomfield Hills, MI
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Catchick Law, P.C.
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You are certainly entitled to 50% of the equity that accrued during the 12 years you were married (Michigan is NOT a "common law marriage" State, so the 2 years you were living together as boyfriend and girlfriend technically don't count). You could also argue that his "pre-marital" interest in the house has been "absorbed" into the marital estate because of the house's refinancing.
Answered on Nov 25th, 2013 at 12:03 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Probably. I would think that the marital home has been transmuted into community property at this point.
Answered on Nov 25th, 2013 at 12:03 PM