Q: my wife and I purchased a new home where I’m the prime person on loan and, my VA loan is used with the house.
Then she moved out, on her own, and left for a year during the year I had been paying all the bills and mortgage. Now she moved back in, and we are looking at divorcing and now she does not want to leave nor sign the quick claim deed to let me keep my home, she says she will fight me to sell it. Even though she has not lived in it but a few months and has a house of her own that she rents out, has not paid any bills or mortgage on the new home. Is this possible for a judge to force me to sell or give it to her?
A: She may have a marital interest in the home depending on how much was put down, how long she lived in it prior to separation, and how much, if any she has contributed to the mortgage payments, maintenance, or improvements. So, a portion of the equity in the home could be hers and that will need to be accounted for in the equitable distribution hearing.
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