Marital property is that acquired during the marriage. A spouse's conduct has no relevance in dividing that property. Rather, the court will look at the parties' relative incomes and earning capacities. Also, if there is little or no equity in the house, he may agree to simply give it to you as it would currently have no marital value. However, if there is equity, that has to be accounted for along with any other marital assets.
You should speak to an attorney about the various factors to determine a fair settlement proposal based on your exact circumstances.
Answered on Mar 16th, 2013 at 8:34 AM