[Gina48]

Here is the question... if a couple file for divorce and the man has a loan out that he used for the house - will the judge look at how much he initially borrowed or how much he will pay back when the loan is complete to determine how to split the house? Example : he borrows 17,000 but with interest will pay back 60,000. Will the judge look at the 17,000 or the 60,000? Thanks!

[Fr_Chuck]

And the judge will decide on who has to pay back the loan, and who gets to keep the house, or if the house has to be sold and the amount it brings divided

[Gina48]

I paid cash for the house and have alos put cash into the house... altogether about $152,000. I have receipts. He took out the loan for $17,000 and says the judge will look at how much he pays back in the end. He claims the things he has done (repairs,painting,fixing up)will count towards the judges decision. I disagree.

[450donn]

As I understand generally it is the assets minus the outstanding debt. He can tell you all sorts of things. That is why you hire lawyers for to sort out all the BS and attempt to find the truth. Then come to an equitable conclusion.

[s_cianci]

Generally the judge would look at the appraised value of the house. You would each be entitled to half of that. Is the $17,000 loan secured by the house or something else? If the loan is secured y the house then it may be taken into consideration when dividing the equity between you. If it is secured by something else then it essentially becomes a separate issue since it does not constitute a lien on the house.