Q: I've been married for 2 yrs and lived in a house that's in my wife's name for over 3yrs, paying most of the mortgage
Every month. My wife has had the house for about 8 yrs. I have done a lot to the home and put quite a bit of money into the home. Since, I've lived at the home, the house has appreciated approximately $100k. Am I entitled to half of the equity the home has appreciated since I've lived there?
A: In a divorce, the increase in value is considered marital property, subject to an equitable division (meaning "fair", not necessarily "equal'). Therefore, you may be entitled to some portion of the increased value. You should retain an attorney to represent you in the divorce to make sure you get an appropriate settlement.
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A: Generally, you would be entitled to a portion of the equity or value increase during the course of the marriage. Though 1/2 would be the norm, the court does have the power to divide the equity as it deems "equitable," which means fair. As it looks like she owned the home before marriage, the court cannot force her to sell. As such, getting an appraisal will likely be necessary for court and she may have to pull equity out to pay you.
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