Am I entitled to half of the equity in the house?

Question

I am in the process of a divorce.  We have agreed on everything except the house.  She wants to keep the house and pay me no money.  Am I entitled to half of the equity in the home?

Eric Johnson · Answer

Good question.  Burt v. Burt, 799 P.2d 1166 (Utah Ct.App. 1990):  The overriding consideration in dividing marital property in divorce is that the ultimate division be equitable that property be fairly divided between the parties given their contributions during the marriage and their circumstances at the time of the divorce. Newmeyer v. Newmeyer, 745 P.2d 1276, 1278 (Utah 1987). The court should first properly categorize the parties' property as part of the marital estate or as the separate property of one or the other. Each party is presumed to be entitled to all of his or her separate property and fifty percent of the marital property. But rather than simply enter such a decree, the court should then consider the existence of exceptional circumstances and, if any be shown, proceed to effect an equitable distribution in light of those circumstances and in conformity with our decision.

Richard Jacobson · Answer

Your entitlement to half the equity in the home depends on lots of facts.  E.g. did you or she bring the home into the marriage?  Did you pay for it in whole or part with marital, or non-marital, funds?  Are you receiving under your agreement with her an equivalent amount of value to half the equity?  Best idea: retain an experienced family law attorney to advise and represent you.  It's almost always worth the investment.

Tina Fox · Answer

It depends on different factors, such as was the house purchased during the marriage?  Is there equity in the home? Did you contribute to the household expense, etc.  If you would like to discuss this contact an attorney who offers free consultations to learn of your rights and options.

Helene Ellenbogen · Answer

That depends on whether the house was purchased with community funds, how other assets/debts were divided etc. The court deals with the total division of all assets and debts the division of which has to be fair. The criteria to determine what fair is, is outlined in the statute. So there is no simple answer to your question.

Vanessa J. Gorden · Answer

The answer to that depends on what other debt and assets are being divided and who is receiving what assets or taking responsibility for what debt. Each of you are entitled to half of the marital estate, but that is determined by looking at the bottom line of everything all together. You really need to visit with an attorney before making agreements if there is real property, retirement accounts, debts, etc. involved.

Barbara Peyton · Answer

If the house was acquired during marriage with income earned during marriage, it is community property and each party is entitled to one-half the equity in it.  The parties can agree on everything except the house and let the judge decide how to handle getting both sides paid for the house.

Dennis Leffert · Answer

If the house is marital property then yes she is entitled to one half of the net equity.

Sabina Tomshinsky · Answer

Typically you are entitled to half of the equity in the marital home. The division of the equity is often accomplished via a buyout/refi.

Tajara Dommershausen · Answer

Usually yes.

Rian Ankerholz · Answer

In Kansas, an equal division of marital property is certainly the starting point. If all other things are equal, the divorcing parties will be awarded an equal split of the marital equity in the residence.

Diane Berger · Answer

Assuming you bought the house during the marriage, yes.

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Am I entitled to half of the equity in the house?

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