Q: We remortgaged our house and my name is on the loan. Am I entitled to half of that money?
A: In a divorce, Nebraska is an equitable distribution state. The facts of ownership of the home and equity one might receive in a divorce is subject to many factors. If you are going through a divorce, it is important to discuss the details with your attorney as to what marital interest you may have in the home. If you are not going through a divorce, the deed will set forth what legal interest you may have in the home.
Brad Marsicek agrees with this answer
A: It sounds like you are referring to a HELOC or a cash-out refinancing. These "mortgage-type" documents states who is liable to the bank to repay the loan. It doesn't state who is owed the money from the HELOC or cash-out refinancing. Who is entitled to the money depends in part on what the parties who took out the loan agreed to do with the money.
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