QUESTION
If me and my husband divorce do I have the right to get half the value of the house as her ex-wife did?
Asked on Aug 27th, 2012 on Divorce - Georgia
More details to this question:
My husband bought a house before we meet with his first wife who he soon after divorced and 5 yrs later we got married, and have been married and living in this house together for 23 if we divorce do I have the right to get half the value of the house as she did?
24 ANSWERS
Dennis P. Mikko
With a long term marriage as yours, you will have some rights in the value of the marital home. Whether that right will be one-half will depend on many factors and should discuss with an attorney.
Answered on Sep 05th, 2012 at 9:07 AM
Family Law Attorney serving Calabasas, CA
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Shulman Family Law Group
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No, it is his separate property if still in his name alone. The community, of which you get half, gets a small ownership interest in the house, if payments came from his income (which is community property). It goes to the amount the principle balance of the mortgage is reduced. It is complicated.
Answered on Sep 05th, 2012 at 9:06 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If you have been in the house for twenty three years,paying for it with marital funds it will be factored into the divorce settlement.
Answered on Sep 05th, 2012 at 9:04 AM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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The house is marital property. How the Court divides the property depends on many more facts that I don't know.
Answered on Sep 05th, 2012 at 9:04 AM
If you divorce your husband of 23 years, you are entitled to half of the assets accumulated during the marriage, assuming the court finds no fault on your part in causing the breakdown of the marriage. Assuming you continued to pay on the house during your marriage, you are entitled to hald of the increase in fair market value from the date of your marriage to the date of your divorce also personal property, bank accounts, pensions or retirement accounts, etc., acquired during the marriage. I would advise you to consult an experienced attorney who can secure your one-half interest in the marital estate, and possibly even obtain spousal support for you.
Answered on Sep 05th, 2012 at 9:03 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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You are entitled to one-half of the marital value of the house. As he owned it before the marriage, some of the equity is his separate, non-marital property.
Answered on Sep 05th, 2012 at 9:02 AM
You have an interest in the value of the house basically equal to one-half of all payments made on the house during marriage with community property income. that would include both your salaries.
Answered on Sep 05th, 2012 at 9:01 AM
Civil Litigation Attorney serving Visalia, CA
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Sullivan & Sullivan
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If the house was paid off prior to your marriage then you have no claim to any of the equity. However, your husband will have to account for mortgage payments made with community funds and buy you out.
Answered on Sep 05th, 2012 at 9:00 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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No and depending on how the house is owned you may not have a right to much form the house. You need to discuss all the facts with a lawyer.
Answered on Sep 05th, 2012 at 9:00 AM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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You would be entitled to half of any appreciaiton of the home the occurred during the length of your marriage. You would not receive half of the total value of the home as part of the value prior to your marriage belongs to the husband and his former wife..
Answered on Sep 05th, 2012 at 8:59 AM
Agriculture Attorney serving Fresno, CA
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The Law Offices of Tres A. Porter
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Not exactly. He should be given credit for the value of the property at the time you were married as his separate property. To the extent that payments were made towards the home or improvements were paid for during the term of your marriage, you should be entitled to reimbursement for community property (your combined income during marriage) being spent on a separate property asset (the house). Frequently, a settlement is reached by figuring out the current value, subtracting out any mortgage remaining (which leaves the estimated equity in the home), and subtracting out again an estimated value for the equity at the time of the marriage.
Answered on Sep 04th, 2012 at 10:12 PM
Suzanne H. Lombardi
In Alaska you could get half of the equity of the home, that is the money that was paid into the home during the time you were married. You would have to show that this is marital property, i.e. payments were made during the marriage with marital money. An attorney can help you fight for the rights to this property.
Answered on Sep 04th, 2012 at 9:29 PM
If all of the payments and expenses have been paid with community funds then the community has an interest in the property from the time of your marriage until it is divided.
Answered on Sep 04th, 2012 at 8:41 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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You should be entitled to half of marital portion of the value of the house. There may also be other things that you are entitled to, given the length of your marriage. You should consult with an attorney in order to best determine your potential rights and options.
Answered on Sep 04th, 2012 at 8:05 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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The court is required to divide all assets, separate and community. The question is how much of the house is community or separate. That can be complex analysis. Certainly you are entitled to have the community portion considered. You'll want to establish therefore that as much of the house as possible is community. If the community paid on the mortage,you'll be able to do that.
Answered on Sep 04th, 2012 at 8:03 PM
James Albert Bordonaro
Yes, in Kansas you generally will get one of the assets although he may be entitled to a greater portion of the home because he brought it too the marriage. I am assuming that the mortgage wasn't satisfied in the first divorce.
Answered on Sep 04th, 2012 at 8:01 PM
Leonard A. Kaanta
If your name is on the deed yes, if not, you have to prove your contributed to house.
Answered on Sep 04th, 2012 at 2:19 PM
Kathleen M. Schmidt
You would have the right to half the equity that accrued from the date of your marriage until the date the Judge signs the Divorce Decree unless you have made substantial contributions to the home and then possibly more. Good records is the key.
Answered on Sep 04th, 2012 at 2:15 PM
Child Custody Attorney serving Grand Rapids, MI
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Ryan Maesen PLC
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The marital estate will be "equitably" divided, meaning more or less, half and half. But the house is only one asset. It's division can depend on other property you guys own.
Answered on Sep 04th, 2012 at 2:13 PM
Alternative Dispute Resolution Attorney serving Coral Gables, FL
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Robert J. Merlin, P.A.
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You are basically entitled to one half of the increase in value or equity in the house to the extent that the increase is due to spending money on the house or personal efforts to improve it.
Answered on Sep 04th, 2012 at 2:10 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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No, it is not community property, so you are not entitled to half of the value of the property. The community may acquire an interest in the property by virtue of principal reduction payments, but that amount may not give you 50% of the value of the home.
Answered on Sep 04th, 2012 at 2:09 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Hire an attorney. There is too much to lose if you do not. You could possibly get one-half the value of the home. But you will need an attorney to calculate your actual interest, an equitable one, in it.
Answered on Sep 04th, 2012 at 2:04 PM
Theodora B. Fader
Typically, the court would award each party half of the value of any assets accumulated during their marriage, including equity in the marital home. However, there are exceptions and you should discuss the facts of your case with a divorce attorney.
Answered on Sep 04th, 2012 at 1:33 PM
In most jurisdictions there is no simple answer to the question as to how to divide the equity in the marital residence. Property acquired before marriage generally is not considered to be marital property. Property acquired during the marriage generally is considered to be marital property subject to equitable division. However, issues regarding the increase or decrease in the value of the property, the source of funds used to purchase or improve the property, and other matters come into play in determining whether any portion of the interest in the property may be considered as a part of the marital estate subject to equitable division or is completely separate property belonging solely to one spouse. Also, in most jurisdictions all of the assets of a party are generally subject to a claim for alimony by the other party. You need to consult with a competent and experienced family law attorney regarding these matters.
Answered on Aug 30th, 2012 at 3:02 PM