Tekamah, NE asked in Real Estate Law and Divorce for Nebraska

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?

Related Topics:
1 Lawyer Answer
Julie Fowler
Julie Fowler
  • Omaha, NE
  • Licensed in Nebraska

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.