Andalusia, AL asked in Divorce for Alabama

Q: My husband and I are getting divorced.

The home was his before we married. I sold the home I was living in at a loss and sold the majority of my furniture because his was already furnished. We also made several considerable upgrades to the home while I was living there. What am I entitled to in the divorce?

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1 Lawyer Answer
Shane Michael Oncale
Shane Michael Oncale
Answered
  • Birmingham, AL
  • Licensed in Alabama

A: The answer to the riddle does not end with who may have owned the home at the time of the marriage. If payments towards the mortgage or towards the improvements or towards the second mortgage which secured the money for the improvements you mention were made with marital funds or created marital debt you may still claim an equitable share in the home. Granted your share is not equal but equitable given the situation. The exact extent of your claim will depend on a large number of variables that you can go over with the attorney you retain to represent you. Just know it Is not necessarily a lost cause based solely on the fashion in which the property is titled and the fact that there was some degree of ownership prior to the marriage.

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