Separate with mortgage payments

[inquire1997]

What is the name of your state? Texas

I have been separated from my husband for 1 1/2 years. We jointly own a second home. I have been paying 1/2 of that mortgage payment as well as all utilites since the separation. I can no longer afford to make those payments. If we should divorce, do I still have right to 1/2 of the equity if I stop paying 1/2 of the mortgage now. He says that all I will have the right to recoup is the amount that I have paid since the separation.

[LdiJ]

Originally Posted by inquire1997

What is the name of your state? Texas

I have been separated from my husband for 1 1/2 years. We jointly own a second home. I have been paying 1/2 of that mortgage payment as well as all utilites since the separation. I can no longer afford to make those payments. If we should divorce, do I still have right to 1/2 of the equity if I stop paying 1/2 of the mortgage now. He says that all I will have the right to recoup is the amount that I have paid since the separation.

You would still be entitled to 1/2 of the equity in both homes, whether you make the mortgage payments or not. Some adjustments in the division of the equity might be made if you aren't making the mortgage payments, but that's all.