Question about selling my home

[Naurutoo]

What is the name of your state? South Carolina
My question is I am selling my home I have the house in my name alone we were not married when we moved in together(we lived together for 5 months before marriage.). She move out a month ago now i'm here alone paying the bills. If I make money off the house is she entitled to any of it?

 

[Ohiogal]

What is the name of your state? South Carolina
My question is I am selling my home I have the house in my name alone we were not married when we moved in together(we lived together for 5 months before marriage.). She move out a month ago now i'm here alone paying the bills. If I make money off the house is she entitled to any of it?

If the payments on the house were made with marital income then she is entitled to half the equity that accrued during the marriage.

 

[seniorjudge]

What is the name of your state? South Carolina
My question is I am selling my home I have the house in my name alone we were not married when we moved in together(we lived together for 5 months before marriage.). She move out a month ago now i'm here alone paying the bills. If I make money off the house is she entitled to any of it?

Who paid for the house when she was there?

Are you getting divorced?

 

[Naurutoo]

I made all the mortgage payments she has seperate account she paid bills like phone,Gas,and water. Thats it I paid the mortgage alone. Not sure abput divorce only been seperated 3 weeks she moved out house is on market as we speak.

 

[Ohiogal]

I made all the mortgage payments she has seperate account she paid bills like phone,Gas,and water. Thats it I paid the mortgage alone. Not sure abput divorce only been seperated 3 weeks she moved out house is on market as we speak.

How did you pay the mortgage? Through income you earned during the marriage? Or through an inheritance or trust fund?

 

[Naurutoo]

i pay the mortgage every month with money from my job my pay checks .My income was higher then hers.I guess one more thing i could say when she left I let her take a living room set i paid for before we moved into the house 2 t.v's that i purchased before we moved into the house and she said if you sell house I dont won't any of the money but her mom kinda changes things and seems like she is always looking for money.

 

[Ohiogal]

i pay the mortgage every month with money from my job my pay checks .My income was higher then hers.I guess one more thing i could say when she left I let her take a living room set i paid for before we moved into the house 2 t.v's that i purchased before we moved into the house and she said if you sell house I dont won't any of the money but her mom kinda changes things and seems like she is always looking for money.

The equity in the house that accrued during the marriage is MARITAL property. The living room set and two tvs were gifts. Aren't you generous? Anyway, she has a right to part of the equity in the home.

 

[seagoing]

simply put,just because your paycheck had your name on it,it is considered marital income. Marital income paid the mortgage so the equity gained during the marriage is 50/50.

 

[Bali Hai]

simply put,just because your paycheck had your name on it,it is considered marital income.

Nope. The date on the paycheck needs to be after the marriage and before the divorce.

Marital income paid the mortgage so the equity gained during the marriage is 50/50.

If you are lucky, yes. If you are unlucky, it might be something different such as 65/35 in her favor.

 

[Naurutoo]

I guess another thing I'm wondering about is the fact she left me and I am stuck with all the bills this house will take a while to sell. She decided to leave (thinks grass is greener on other side). SO I kinda fell like the victim here.I don't know my right's thats why I was wondering what she might be given, or what I should so or should I save all reciepts for Mortgage for when she left the bills she left me with or no? Kinda like abandonment and now im sitting here with a ton of bills. 2 of which are in both our names , house is in my name only though. She left me with 2 big loans. Thats my point.One more thing her car is in my name and she still has it so does this change some of these post from earlier.

 

[LdiJ]

I guess another thing I'm wondering about is the fact she left me and I am stuck with all the bills this house will take a while to sell. She decided to leave (thinks grass is greener on other side). SO I kinda fell like the victim here.I don't know my right's thats why I was wondering what she might be given, or what I should so or should I save all reciepts for Mortgage for when she left the bills she left me with or no? Kinda like abandonment and now im sitting here with a ton of bills. 2 of which are in both our names , house is in my name only though. She left me with 2 big loans. Thats my point.One more thing her car is in my name and she still has it so does this change some of these post from earlier.

Again, anything purchased or paid for during the marriage, with money from your salaries, is marital property. Any debts that accumulated during the marriage are marital debts.

She is entitled to half of the equity in the home that accrued during the marriage (which is probably most of the equity) and she is responsible for 1/2 of the debt that accrued during the marriage. If you are more responsible with money, then you may want to negotiate to keep a greater portion of the marital debt in exchange for a greater portion of the equity in the home. Or, you may want to negotiate that the marital debt is to be paid off by the proceeds of the home, and only and remainder divided.

If either of you have IRAs or 401ks that accrued during the marriage those are marital assets too. The same applies to stock funds, savings accounts etc.