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  1. #1
    Join Date
    May 2014
    Posts
    1

    Default Division of Equity in a House After Prior Separation and Reconciliation

    My question involves a marriage in the state of: Oregon

    We bought it in Jan. 2010. We put the mortgage in his name but added my name to the title after the fact so we could get the loan we needed. We were dating then and got married in August 2011. We separated in March 2012 and I took 5k for the equity at that time and we separated all of our financials. We ended up reconciling later in 2012. I moved back unofficially in July and officially in November. I started paying him half of the mortgage again in January 2013 and have ever since....we've been living as a married couple since then.

    Now that we're looking at a divorce, I've told him I want half of the equity in the house that has accrued since I started paying half the mortgage again. I'm more than happy to get a current appraisal to verify the current amount and I'm not asking for anything from the time that he was paying solely on the house....The issue is that he thinks that I've been paying him rent for the last year and a half. He believes that he shouldn't have to pay because he "bought me out" when I left the first time....I've told him repeatedly over the last year and a half that I'm not paying my HUSBAND rent...that that isn't a marriage or something a team would do.

    It wasn't a legal separation and there have been no formal agreements or contracts between us.

    Does anyone know where I would stand legally?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Division of Equity in a House After Prior Separation and Reconciliation

    Should the matter be litigated, I expect that a court would have little regard for the "rent" argument. You were married and living together as spouses, so we're talking about supporting a home from the marital estate, not "rent". Whether or not the numbers would justify taking the issue to trial? I couldn't say, as I don't know the numbers.

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