Richmond, VA asked in Divorce for Virginia

Q: Wife and I are divorcing. House is in her name. When it sells she’s refusing to split the equity.

I’ve paid a little more than half of the mortgage each month. Is this legal?

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1 Lawyer Answer
Sharon R. Moss
Sharon R. Moss

A: During the marriage any monies paid towards the mortgage would be considered marital (unless they were from an inheritance, or otherwise separate funds). But if the money used to pay the mortgage during the marriage came from income from working, then it would be considered marital. Therefore, you would have some amount of interest in the equity. Without further information it is hard to tell you what percentage you may be entitled to, so please contact an attorney for more specific advice on your situation.

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