Q: My husband and i split up 5 years ago nothing legal yet. I stayed in the house with our 2 children he moved in with his
Parents rent free. He pays child support. My question is can i get more from the sale of the house when we sell because i have paid for everything for 5 years on my own, mortgage, taxes, maintenance??
A: You should be able to get what you paid down on the mortgage, anything beyond that is either something you have to agree on in the divorce or has to be decided by the judge at a trial.
Can you? Yes.
Will you? Maybe.
When the court divides marital property in a divorce, they are not required to split everything 50/50. Depending on the facts or each case, the judge can award one spouse a greater percentage than the other. The factors you stated could certainly be used to argue that you should obtain more than 50%.
You should speak to a lawyer in a confidential setting who can review your case in greater detail.
Best of luck.
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