Q: I'm planning to divorce my husband. Our home is his separate property. Can I get any of the equity after we split?
My husband has been emotionally, verbally, and sometimes physically abusive. I have a lot of evidence but I'm trying to get out of this amicably since we will have to co-parent forever. He had the house for 4 years while single. I've lived there for 7, and we've made a lot of improvements together. I moved in with him during the aftermath of the 2008 crash because the house was underwater and he would've taken a loss if he sold it. Now we have around $70K in equity. I have almost equal income and pay more than 50% of our total monthly expenses. What are my chances of getting him to pay me some equity in the assets division? I don't want the house - just my share of the equity we've accrued.
A: Where marital funds have been used on a spouse's separate property, there may be reimbursement claims available against that spouse. I recommend talking with a family law attorney near you to more thoroughly discuss your situation.
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