Q: I’m currently going through a divorce. I own a home that was purchased during the marriage.
I placed my spouse on the deed however, the mortgage is solely in my name. I have made every payment on the loan myself. We have three children living with me and I’ve been deemed primary custodial parent by temporary orders. He is planning on forcing me to sell the house within 6 months after the divorce so he can get 50% of the equity from the house. He has never made any payment nor paid for any maintenance on the house. He moved out in April 2021. My question is how plausible is it that he is entitled to 50% of the equity that’s he’s never paid into and within the 6 month timeframe? I cannot afford to purchase a new home based off of my income and credit at this time. If I am forced out of the house I will have no place for my children or I to go. Any help would be greatly appreciated, thank you.
A: This house is marital property since it was purchased during the marriage. Also, it is titled jointly. Marital property is to be allocated "equitably', which mans "fairly", not necessarily "equally". The court will probably not care who made the payments, especially if those payments were made from income earned during the marriage (eg: marital property). The court can make accommodations to deal with the situation with the children. That may include not making you sell the house until later. You should get a lawyer to help you with this.
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