Q: Am I still entitled to half of our home in the divorce?
01/2001 - Husband completed construction on new home & moved in.
2/11/01 - We began living together in his home and combining incomes into one account, paying all bills together,
12/12/03 - Got engaged
3/8/05 - Husband was injured in an accident at work & became disabled. I worked, paid all bills on my own, and managed all care for my husband for many years until he had back surgery, then complications, and then finally was fully rehabilitated.
2/11/06 - Got Married
06/2006 - We refinanced the mortgage into only my name to save our home and downsize debt.
Approx. 10/2012 - Husband receives around $250,000 Workers Comp settlement for 2005 accident
5/2013 - We lose our original home to foreclosure due to my husband's accident and he buys our present home with his settlement.
For 21 years, my paychecks have been automatically direct deposited into our joint account and have always gone to household bills or anything else we need or want.
A: If you have lived together in the home and supported the home financially for the past eight years then you have a marital interest in the home. Whether your interest is half is a more complex question. He may have an argument that his settlement was a non-marital asset that should be returned to him. On the other hand, there may be an argument that the settlement was commingled once the house was purchased. You should really speak with a local family lawyer for more specific advice.
Pamela J. Fero Esq. agrees with this answer
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