I have a quick question.. ok maybe not so quick..
I have been married for 8 years. We own two houses. My husband and I physically separated since June, 2006. Since that time he moved into his home and I reside in my home (both homes purchased prior to the marriage and titled in our respective names). Since the separation he has not contributed to the marital home, mortgage, utilities, taxes, etc.. On top of that he has not contributed to day care, child care, children's clothing, health care etc.. He has actually never really contributed to this home other than some projects around the house. His children from a prior marriage also lived here. When we were residing in this home as a family his home was rented for a good part of that period. He took the rental income and paid his mortgage, taxes etc. he did not contribute to the marital home.

I do make a fairly substantial living, will that impact the fact that I have paid for this home and it's upkeep or will a judge disregard that and say, equal marriage, equal distribution?

My question is, if we divorce, how is this going to pan out. Is he going to be able to squeeze equity out of this home? Will he owe me some kind of backpayment for "rent" or upkeep to the home?

Who knows, that is what divorce court is for, your attorneys ask for what you want, his attorneys ask what they want and you work it out in mediation.

You need to file for emergancy child support with the court.

Yes, I have spoken to my attorney about this and she thinks that I will get full equity in the house but never 100% until it happens. I cannot bear the thought of giving him a dime from this home.

I make more money than he does and I wonder if a judge will rule that he does not owe me child support because I do not need it? He (my husband) has told me that I will end up owing him.

He has not requested joint custody of the kids since our separation. I am also wondering how this will affect a longer term decision toward custody if we proceed to divorce. My attorney is out of the county for 4 weeks and thought I would post out here to see if anyone has gone through anything like this.