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divorce/equity in home

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Brenda

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PostPosted: Fri Mar 07, 2008 2:50 am    Post subject: divorce/equity in home

Before marriage I purchased a home. The deed and loan was in my name only. I paid for all utilities and household bills out of my seperate checking account. After 14 years of marriage, is he entitled to any of the equity of my home?
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Icon Mini Profile brad



Joined: 17 Dec 2007

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Location: Florida


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PostPosted: Fri Mar 07, 2008 6:57 am    Post subject:

I am not an attorney but from my knowledge in the mortgage industry as long as there was no pre-nup he is entitled to half the equity in the home. But you should definetly consult an attorney.
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Icon Mini Profile Caron
Caron
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PostPosted: Mon Mar 10, 2008 2:30 am    Post subject: RE: spouse entitlement after divorce

I agree with you Brad Smile If there has been no pre-nuptial agreement signed before marriage, then the spouse has rights on the property and is entitled to some equity.

The spouse will be entitled to half of the equity if your state of residence is a community property state. On the other hand, it will not be half the equity in case of an equitable distribution state.

Good luck

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Icon Mini Profile lisascherzer



Joined: 04 Jan 2008

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PostPosted: Mon Mar 10, 2008 8:39 pm    Post subject:

It all comes down to what the judge decides during the divorce proceedings. You can make the case that it was yours before the marriage and the judge can certianly give that weight when making a decision. If you and your ex can come to an agreement that you are to keep that home and split up assets then the judge will usually honor it. So try and compromise with the ex and if not then the judge with have to make the determination of who gets what.
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