Q: Am I entitled to more than 50% of house sale proceeds after divorce?
I bought a house before I was married. Two years after purchasing, I got married, and four years later, we refinanced the house under both of our names. We have since divorced, and the divorce settlement only stated that I would occupy the house and be responsible for all costs associated with it while owning it, but did not mention how the proceeds from selling the house should be divided. Given these details, am I entitled to a higher percentage of the sale proceeds rather than a 50/50 split?
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A: Unless you gave him a deed or the Judge vested him with an interest, he has no titled interest in house. Did your lawyer not tell you this? When you sell it, and some title company wants him to give you a deed or give him money, go somewhere else. Getting a deed of trust does not bestow ownership. But then you may not have much equity and husband was not interested in servicing the debt, which your are doing for him on the note.
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