Q: My husband paid for upkeep on my house. Is he entitled to a share of potential value increase of the home?
My husband and I are divorcing after 6.5 years of marriage. I purchased my home 3 years prior to our marriage and he moved in with me. He has never made a payment for mortgage, insurance, or utilities. I have also paid for the majority of groceries and other household items. He has paid for some maintenance and upkeep items including siding and some windows. He feels he should be entitled to a share of an increase of value of the home.
We have no joint accounts.
Does he have a claim?
A: If a home is purchased during the marriage, the equity in the home is generally divided between the spouses in a divorce (usually 50/50). Generally, it doesn't matter if the expenses related to the home were paid out of an account in just one party's name. The Court still generally considers the home as marital property to be divided (usually 50/50).
If one party owned the home prior to the marriage, the generally some of the equity in the home is going to be pre-marital and some of the equity in the home is going to be marital. The Court divides the marital equity between the spouses (usually the marital portion is divided 50/50).
If you are going through a divorce, you should retain an attorney asap.
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