Equity in House in STBXH name.

[twinmama2]

What is the name of your state (only U.S. law)? FL

STBXH and I are trying to hammer out a settlement agreement ourselves to save money. We have done well so far, but have reached a sticking point.

STBXH's mom bought him a house (she paid in cash) - and put him on the title. (there is no morgage). He has fixed up the house to the tune of $60K. Aprox. $20K was from our joint checking account, (the rest was put on a joint credit card, and repaid by MIL - by STBXH depositing her $ in our joint account and paying the CC.) He did much of the work himself. I am asking him to "re-pay" me 10K - in the form of an addtional 10K from the proceeds of our marital home.

Am I intitled to this money (he obviouly doesn't think so) - or am I just out the $$ ?

Thanks!

 

[mistoffolees]

What is the name of your state (only U.S. law)? FL

STBXH and I are trying to hammer out a settlement agreement ourselves to save money. We have done well so far, but have reached a sticking point.

STBXH's mom bought him a house (she paid in cash) - and put him on the title. (there is no morgage). He has fixed up the house to the tune of $60K. Aprox. $20K was from our joint checking account, (the rest was put on a joint credit card, and repaid by MIL - by STBXH depositing her $ in our joint account and paying the CC.) He did much of the work himself. I am asking him to "re-pay" me 10K - in the form of an addtional 10K from the proceeds of our marital home.

Am I intitled to this money (he obviouly doesn't think so) - or am I just out the $$ ?

Thanks!

You are legally entitled to 1/2 of the marital equity in the home. That is, marital equity is one half (since he shares ownership with his mother) the equity in the home at the time of divorce minus the equity in the home at the time of marriage (or the time it was purchased if that is later since it was purchased with non-marital funds).

Since the money for the repairs came out of the joint checking account, it's going to be harder or him to argue that it was separate money. It MAY be possible to track via a forensic accountant, but given that the funds are probably thoroughly mingled that will be hard.

A lot depends on how long he has owned the home, how long you've been married and whether the home value has increased in the time he's owned it, but on the surface, your request doesn't look the least bit unreasonable.