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  1. #1

    Default Is Home Equity a Marital Asset Even Though the House is Separate Property

    My question involves a marriage in the state of:Georgia
    My husband Is claiming he completed joint repairs on the home during our marriage and wants the equity increase in the market value of my home divided in the divorce. I purchased it six months before we got married and am making payments on it.. My house value has went up significantly but he has not had any part of that. He did no such repairs at all and value of my home has increased due to passive appreciation. The home has increased by at least 30,000 in the last two years due to the economy in my area. He and I have only been married two years. Does he have any stake In the equity of my house?

  2. #2
    Join Date
    Nov 2013
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    7,056

    Default Re: Is Home Equity a Marital Asset Even Though the House is Separate Property

    You entered the marriage already owning the house so you can claim the value of the house at the time you entered the marriage. However, the increase in the value is a marital asset. So in Georgia, an equitable distribution state, your husband is entitled to half the increase in value.

  3. #3
    Join Date
    Jun 2017
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    California
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    Default Re: Is Home Equity a Marital Asset Even Though the House is Separate Property

    Quote Quoting glowinangel19
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    My question involves a marriage in the state of:Georgia
    My husband Is claiming he completed joint repairs on the home during our marriage and wants the equity increase in the market value of my home divided in the divorce. I purchased it six months before we got married and am making payments on it.. My house value has went up significantly but he has not had any part of that. He did no such repairs at all and value of my home has increased due to passive appreciation. The home has increased by at least 30,000 in the last two years due to the economy in my area. He and I have only been married two years. Does he have any stake In the equity of my house?
    If you were making payments from a salary during the marriage, that salary was marital funds giving him a vested interest.

  4. #4

    Default Re: Is Home Equity a Marital Asset Even Though the House is Separate Property

    I made payments out of my separate bank account and the average money I received from him total in the marriage was about 179 a month that I can show using my two year bank statements. Could this help?

  5. #5
    Join Date
    Sep 2010
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    19,901

    Default Re: Is Home Equity a Marital Asset Even Though the House is Separate Property

    You're missing the point. Marriage is not an investment. It matters little who paid for what. You were married.

  6. #6
    Join Date
    Mar 2013
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    18,340

    Default Re: Is Home Equity a Marital Asset Even Though the House is Separate Property

    Quote Quoting glowinangel19
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    He and I have only been married two years. Does he have any stake In the equity of my house?
    Yes.

    Doesn't matter whether he did repairs or not.

    However, you can make whatever arrangements to offset that $15000 share that are acceptable to him.

    Some examples:

    Accept more of the marital debt.
    Give him the more expensive car.
    If he has a retirement plan you're entitled to half the increase in value during the past two years. You can offer to waive that in exchange for him waiving half the equity.

    There may be other assets you can work with.

    Oh, keep in mind that the current market value of the home may be reduced by potential real estate commission (6%?) that you would pay if you sold the house through a realtor.

    As you can see, there is a lot that you can negotiate.

    Also understand that if you both end up with lawyers you could end up paying them the equivalent of that equity in your house before the dust settles.

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