Property settlement

[mousey]

What is the name of your state (only U.S. law)? PA
I'm preparing to file for divorce. I have been living in my house for 14 years but have been paying the mortgage myself for the last 4. When it comes time to distribute the property can the the amount I paid be deducted from whatever his portion may be. And does the fact that he has paid child support have any bearing on the distribution.

 

[nextwife]

How is the property titled?

 

[mousey]

property settlement

House is in both names

 

[LdiJ]

House is in both names

Have you been separated for the last 4 years?

 

[mousey]

property settlement

Separated since July 2005

 

[mistoffolees]

Separated since July 2005

Legally separated or simply he has moved out?

 

[mousey]

property settlement

Moved out and last known to be living with girlfriend and their child.

 

[nextwife]

He is half owner. With no legal sepration,there is no specific obligation about how you and he make the payments. He's likely entitled to 50% of proceeds.

 

[LdiJ]

Separated since July 2005

You can argue that half of the payments made over the last 4 years should be deducted from his share of the proceeds. You could even argue that he should be entitled to only 1/2 of the equity that existed 4 years ago.

However, you cannot count on winning either of those arguments since you had full use of the home and he did not.

It all depends on either what he is willing to agree to, or what the judge feels is fair in your particular case.

 

[nextwife]

You can argue that half of the payments made over the last 4 years should be deducted from his share of the proceeds. You could even argue that he should be entitled to only 1/2 of the equity that existed 4 years ago.

However, you cannot count on winning either of those arguments since you had full use of the home and he did not.

It all depends on either what he is willing to agree to, or what the judge feels is fair in your particular case.

AS values now are generally LOWER than 4 years ago, making and winning THAT argument would likely be a losing proposition..

 

[LdiJ]

AS values now are likely LOWER than 4 years ago, making and winning THAT argument would likely be a losing proposition..

Valid point...

 

[Bali Hai]

AS values now are generally LOWER than 4 years ago, making and winning THAT argument would likely be a losing proposition..

The flip side of your comment is; if the value of the home were HIGHER now as opposed to 4 years ago would it make it likely a winning proposition?