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Been divorced for 6 years

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Donniekim1

Junior Member
What is the name of your state (only U.S. law)? Indiana. My ex and I bought our house in 04 he moved out in 06 I made all the payments. In 2014 I filed bankruptcy and did not reaffirm the house but continued to live there and make the payments. This past March I moved out and he moved back in and now wants me to sign off the deed with no compensation for all the equity so my question is am I entitled to half the equity before I sign off the deed?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Indiana. My ex and I bought our house in 04 he moved out in 06 I made all the payments. In 2014 I filed bankruptcy and did not reaffirm the house but continued to live there and make the payments. This past March I moved out and he moved back in and now wants me to sign off the deed with no compensation for all the equity so my question is am I entitled to half the equity before I sign off the deed?
Ok, 2004-2006 was the height of the housing boom where properties were being appraised very high and selling very high. Then the housing bust happened and many, many people who had purchased houses in Indiana ended up way under water in FMV vs their mortgage balance. Its only just now that housing FMVs are really starting to come back. So, before you get into any kind of battle with your ex husband over the equity in the house, you had better find out if there actually is any. I am guessing that if there is any, its not nearly as much as you might think there is. Equity would be the difference between fair market value based on an appraisal, and the mortgage balance.
 

Donniekim1

Junior Member
Ok, 2004-2006 was the height of the housing boom where properties were being appraised very high and selling very high. Then the housing bust happened and many, many people who had purchased houses in Indiana ended up way under water in FMV vs their mortgage balance. Its only just now that housing FMVs are really starting to come back. So, before you get into any kind of battle with your ex husband over the equity in the house, you had better find out if there actually is any. I am guessing that if there is any, its not nearly as much as you might think there is. Equity would be the difference between fair market value based on an appraisal, and the mortgage balance.
He already has a lawyer and court date. There is roughly 20 thousand in equity
 

Donniekim1

Junior Member
So you had an official appraisal done to determine the fair market value of the home?
No I am going by what recent houses in the neighborhood have sold for recently and what is left on the mortgage. My question is do I have a right to some of the equity if there is some? Since I filed bankruptcy on it back in 2014 but continued to live there and made payments .as long as I'm still on the deed I do right? Should I go in with a lawyer or just request an appraisal on the home before I sign off of it
 

LdiJ

Senior Member
No I am going by what recent houses in the neighborhood have sold for recently and what is left on the mortgage. My question is do I have a right to some of the equity if there is some? Since I filed bankruptcy on it back in 2014 but continued to live there and made payments .as long as I'm still on the deed I do right? Should I go in with a lawyer or just request an appraisal on the home before I sign off of it
You are definitely going to want an official appraisal. I would guess that you would be due some of the equity if there actually is any equity, but I think that you are going to need a consult with a local attorney because the bankruptcy does throw a spanner into the works. Keep in mind however that if he cannot refinance the mortgage for enough to buy you out, and that could be iffy at only 20k equity (assuming there is that much) then the only option to get any equity would be for you to force a sale, and forcing a sale often means that the house will get sold for much less than FMV.
 

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