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kimber76 · May 19, 2010, 07:29 AM

I am just starting divorce preceedings - we are in agreement about material things but financially we are not in agreement. He is a police officer and in the army reserves - we bought a house about 13 months ago and he is staying in the house - I feel it is fair for me to get some monitary value but not sure how much would be fair.

twinkiedooter · May 19, 2010, 07:32 AM

What state are you in for starters. Did you contribute any of the downpayment money? Do you have any children from this marriage? How long were you married?

ebaines · May 19, 2010, 07:42 AM

You should get your portion of the down payment on the house plus 1/2 of whatever additional equity has been gained in the house since you bought it - due to any market value increase (unlikely in this market) plus principal that you've paid in your monthly mortgage payments. So the main issue is determining your portion of the down payment - what was the source of funds for that?

Devorameira · May 19, 2010, 01:49 PM

Everything depends on what the house is worth and how much is owed on the house.

I would suggest discussing it with your attorney.

dontknownuthin · May 21, 2010, 10:38 AM

I am not an attorney and even if I were it would depend on a lot of factors. First, what state do you live in? Most states I am familiar with are no-fault and follow a 50/50 division of assets. Typically the home is sold, debts are paid and the equity is split evenly. If one party wishes to keep the home, they have to buy out the other party. And the home has to be refinanced for your financial security so that your shared mortgage is terminated, and the home is entered into a new mortgage in his name alone. It might have to be signed after your divorce is final, depending on the state you are in (some hold the spouse accountable even if their name is not on the mortgage, so the solution to that is to not be his spouse when the mortgage commences).

It can get tricky though base on how and when you bought the house. For example, if he owned the house but since you got married you've been paying the mortgage, you'll have to hammer that out with lawyers. Or if you bought it together but he paid all or more of the downpayment than you did with money he had from prior to your marriage, you may not be entitled to 50% of the equity. And, more is owed on the house than the house is worth, there is no equity to share with you.

Anyway, you need a lawyer for this one - too much at stake.