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  1. #1
    Join Date
    Feb 2017
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    2

    Default Should a Spouse Who Abandons a Marriage Get Less than 50% of Home Equity

    Even if they have a child together too and it's his decision to leave, is there no legal obligation for him to receive less due to no contribution and the woman having to pay mortgage, all household bills, having to work less as child is in school etc, does none of that matter?

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: How to Divide the Profits from a Home You Jointly Own With Your Ex-

    There is no legal obligation the equity be split anything other than 50/50. They are considered equal owners and that means they each own a 1/2 interest and are due 1/2 of the equity.

    For the division of the property, no, none of that matters. Within the divorce the issues stated may allow a different division of all matters within the marital assets but as an independent item, no.

    She could sue for his 1/2 share of the taxes she has paid over the years but as mr k suggests, he can argue her exclusive use of the home was compensation for that. As to other costs such as utilities; she used them, correct? Why should he pay for her utilities?

  3. #3
    Join Date
    Oct 2006
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    16,474

    Default Re: How to Divide the Profits from a Home You Jointly Own With Your Ex-

    Quote Quoting jk
    View Post
    There is no legal obligation the equity be split anything other than 50/50. They are considered equal owners and that means they each own a 1/2 interest and are due 1/2 of the equity.

    For the division of the property, no, none of that matters. Within the divorce the issues stated may allow a different division of all matters within the marital assets but as an independent item, no.

    She could sue for his 1/2 share of the taxes she has paid over the years but as mr k suggests, he can argue her exclusive use of the home was compensation for that. As to other costs such as utilities; she used them, correct? Why should he pay for her utilities?
    While there is no legal obligation to divide anything ANY certain way, in equitable distributions states assets CAN be divided unequally. That is fairly uncommon, but it can happen.

  4. #4
    Join Date
    Jan 2006
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    38,867

    Default Re: How to Divide the Profits from a Home You Jointly Own With Your Ex-

    Quote Quoting llworking
    View Post
    While there is no legal obligation to divide anything ANY certain way, in equitable distributions states assets CAN be divided unequally. That is fairly uncommon, but it can happen.
    actually unless a court determines otherwise or there is an agreement to a different division, yes, there is a legal obligation the property be spit equally.

    You did notice i did address the issue of some other distribution percentage if this is dealt with through a divorce, right?

    Outside of a divorce, the tenancy as listed on the deed will determine the distribution of the equity of the home. If they are equal owners, each owns 50% of the home and has a right to 50% of any money realized from a sale. For it to be anything different, there would have to be an agreement between the parties or a court's order.


    Btw; did you read anything about a divorce action from
    the op in this thread?

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: How to Divide the Profits from a Home You Jointly Own With Your Ex-

    Am I missing where the OP listed her state?

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: How to Divide the Profits from a Home You Jointly Own With Your Ex-

    Quote Quoting Dogmatique
    View Post
    Am I missing where the OP listed her state?
    There are several posts missing. I believe it was PA but not certain.

  7. #7
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: How to Divide the Profits from a Home You Jointly Own With Your Ex-

    It was a thread hijack.

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