Short term marriage - entitled to house $$? PA

[Bethy]

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

This is/was a short term marriage - 2 years. Both had kids prior, no new additions.

He had (and still has) his house, I had/have mine - both prior to meeting.
We lived in mine due to his being in serious repair needs (won't pass CO to try to sell).

Now that divorce is on the table, he is giving me a hard time about leaving (won't leave my house....his is still inhabitable) AND he wants what he's "entitled to" regarding help of upkeep to my house. He did add a heater/ac (about 3k) but I also "loaned" him 20k to keep his house out of foreclosure. Can't prove it was a loan other than he said he'd pay me back in a few weeks...that was 2 years ago. He didn't start helping me with any bills until 3 months ago.

Would I really owe him money? If the house DEpreciated due to the market and extra wear (due to more people living in the house) does he owe ME money? I would settle for him moving out asap and splitting what I lent him.

 

[Ohiogal]

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

This is/was a short term marriage - 2 years. Both had kids prior, no new additions.

He had (and still has) his house, I had/have mine - both prior to meeting.
We lived in mine due to his being in serious repair needs (won't pass CO to try to sell).

Now that divorce is on the table, he is giving me a hard time about leaving (won't leave my house....his is still inhabitable) AND he wants what he's "entitled to" regarding help of upkeep to my house. He did add a heater/ac (about 3k) but I also "loaned" him 20k to keep his house out of foreclosure. Can't prove it was a loan other than he said he'd pay me back in a few weeks...that was 2 years ago. He didn't start helping me with any bills until 3 months ago.

Would I really owe him money? If the house DEpreciated due to the market and extra wear (due to more people living in the house) does he owe ME money? I would settle for him moving out asap and splitting what I lent him.

Seriously that is NOT something he wants to piddle with. You need a court order to get him out however.

 

[JETX]

Would I really owe him money?

Based solely on your post, no.

If the house DEpreciated due to the market and extra wear (due to more people living in the house) does he owe ME money?

No.

I would settle for him moving out asap and splitting what I lent him.

And presumably, he didn't agree.
So, your next step should be to a local 'family law' attorney to get the process moving to get him out.... of the house and your life.
Oh, and be sure that the attorney knows about, and includes, your 'loan' and includes it in the process.

 

[LdiJ]

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

This is/was a short term marriage - 2 years. Both had kids prior, no new additions.

He had (and still has) his house, I had/have mine - both prior to meeting.
We lived in mine due to his being in serious repair needs (won't pass CO to try to sell).

Now that divorce is on the table, he is giving me a hard time about leaving (won't leave my house....his is still inhabitable) AND he wants what he's "entitled to" regarding help of upkeep to my house. He did add a heater/ac (about 3k) but I also "loaned" him 20k to keep his house out of foreclosure. Can't prove it was a loan other than he said he'd pay me back in a few weeks...that was 2 years ago. He didn't start helping me with any bills until 3 months ago.

Would I really owe him money? If the house DEpreciated due to the market and extra wear (due to more people living in the house) does he owe ME money? I would settle for him moving out asap and splitting what I lent him.

From a purely technical standpoint he would be entitled to 1/2 of the equity that accrued during the marriage. With only two years of marriage, and the current state of the housing market, its unlikely that you have accrued any equity in the last two years.

He on the other hand, definitely accrued some equity in HIS home with the 20k you loaned him, so you would have a greater claim on some of his home equity than he would on yours.

You need to file for divorce and sole possession of the marital residence in order to force him to leave.

 

[Ohiogal]

From a purely technical standpoint he would be entitled to 1/2 of the equity that accrued during the marriage. With only two years of marriage, and the current state of the housing market, its unlikely that you have accrued any equity in the last two years.

He on the other hand, definitely accrued some equity in HIS home with the 20k you loaned him, so you would have a greater claim on some of his home equity than he would on yours.

You need to file for divorce and sole possession of the marital residence in order to force him to leave.

Regarding the bolded I am going to disagree. She "loaned" him that money to deal with foreclosure. It may not have gone to equity at all but rather to getting the mortgage caught up, late fees and attorney fees. You made an assumption that it went strictly to house payments.
OP did NOT say that:

but I also "loaned" him 20k to keep his house out of foreclosure

 

[Bethy]

just to keep from foreclosing

The money just got his house out of foreclosure (and his truck from being repo'd)....plus, had his house been ready to sell 2 years ago, he would have been able to list it for about 30k more than he can list it for now (if it were ready to sell). His has depreciated due to market....mine has stayed about status quo minus wear and tear.

I will be asking the lawyer to tack that on. He sat down (in June when I wanted him to start helping to pay the bills) and he figured I'd "loaned" him 23k but minus the ac/heater is 20k....like I said though, I'd settle for 10k - and he can take anything even remotely "marital" from my house. I need him away from me.

 

[Ohiogal]

The money just got his house out of foreclosure (and his truck from being repo'd)....plus, had his house been ready to sell 2 years ago, he would have been able to list it for about 30k more than he can list it for now (if it were ready to sell). His has depreciated due to market....mine has stayed about status quo minus wear and tear.

I will be asking the lawyer to tack that on. He sat down (in June when I wanted him to start helping to pay the bills) and he figured I'd "loaned" him 23k but minus the ac/heater is 20k....like I said though, I'd settle for 10k - and he can take anything even remotely "marital" from my house. I need him away from me.

You won't get the LOAN money -- you loaned it to your husband for crying out loud.

 

[LdiJ]

Regarding the bolded I am going to disagree. She "loaned" him that money to deal with foreclosure. It may not have gone to equity at all but rather to getting the mortgage caught up, late fees and attorney fees. You made an assumption that it went strictly to house payments.
OP did NOT say that:

Not really...because all of those things tack on to the mortgage/lein onto the home and reduce the equity in the home, therefore removing them creates more equity.

 

[Bethy]

loan

while I understand "loan"....HE stated HE would pay me back within a few weeks. That was in Jan. 08. But yes, now I'm pretty sure he thinks it should be the "same pot" mentality....but i was the only one putting into that pot.

thanks for the responses.

 

[Ohiogal]

Not really...because all of those things tack on to the mortgage/lein onto the home and reduce the equity in the home, therefore removing them creates more equity.

The truck payment does NOT create equity.

The money just got his house out of foreclosure (and his truck from being repo'd)....

I hold with what I am saying. I highly doubt there is any equity in his house or her house. As for this:

loan

--------------------------------------------------------------------------------
while I understand "loan"....HE stated HE would pay me back within a few weeks. That was in Jan. 08. But yes, now I'm pretty sure he thinks it should be the "same pot" mentality....but i was the only one putting into that pot.

thanks for the responses.

Welcome to equality. That happens a lot in many marriages -- but usually the husband is the breadwinner. And when the divorce happens the husband pays alimony -- you might have to pay a limited amount for a short period of time.

 

[Bethy]

"you might have to pay a limited amount for a short period of time".

My 2009 IRS shows my menial secretary job earned me 34k. He was self-employed for many years until this year. Guess who didn't file IRS for 7 years. While MAYBE somebody thinks I should pay him alimony, it won't be too cost effective for him to try.