i left the house a year ago do i get that years equity?

What is the name of your state? nevada. i have been married since may 2000, i moved to california to go to school and for a trial separation in march 2002. I've completely supported myself financially since march 2002, paying for school and rent ect. I was the one who asked for a divorce in february 2003 but nothing was done from either side until recently. My soon to be ex thinks that because i asked for a divorce in feb 2003 that i do not deserve any of the houses equity from this year. Is that true? I have only been married 3 yrs. and I only lived with him in our house for 1 yr. What am I entitled to? I was told that I should get 1/2 the equity of the house regardless as to when i left our asked for divorce. The house is in both our names, we bought it together and he wants to keep the house. If you have any information that could help please respond. THANKX

kutznstuff said:

What is the name of your state? nevada. i have been married since may 2000, i moved to california to go to school and for a trial separation in march 2002. I've completely supported myself financially since march 2002, paying for school and rent ect. I was the one who asked for a divorce in february 2003 but nothing was done from either side until recently. My soon to be ex thinks that because i asked for a divorce in feb 2003 that i do not deserve any of the houses equity from this year. Is that true? I have only been married 3 yrs. and I only lived with him in our house for 1 yr. What am I entitled to? I was told that I should get 1/2 the equity of the house regardless as to when i left our asked for divorce. The house is in both our names, we bought it together and he wants to keep the house. If you have any information that could help please respond. THANKX

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**A: you should be entitled to a 50% share.

reguardless as to when i left or asked for a divorce?

kutznstuff said:

What is the name of your state? nevada. i have been married since may 2000, i moved to california to go to school and for a trial separation in march 2002. I've completely supported myself financially since march 2002, paying for school and rent ect. I was the one who asked for a divorce in february 2003 but nothing was done from either side until recently. My soon to be ex thinks that because i asked for a divorce in feb 2003 that i do not deserve any of the houses equity from this year. Is that true? I have only been married 3 yrs. and I only lived with him in our house for 1 yr. What am I entitled to? I was told that I should get 1/2 the equity of the house regardless as to when i left our asked for divorce. The house is in both our names, we bought it together and he wants to keep the house. If you have any information that could help please respond. THANKX

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My response:

Who the heck is advising your husband? Certainly, not an attorney!

Nevada is a community property State, and the State doesn't care where you're living. As long as you're an owner of that house, you get your 50% share of any equity. PERIOD.

The State doesn't care who's making the mortgage payments, or anything else having to do with payments on the house; e.g. insurance, property taxes, etc. Living in the house has NO bearing whatsoever on the issue of community property rights.

All because you're the one who asked for the divorce, or whether or not you're living in the marital home, does NOT diminish your community property rights.

Tell him to get an attorney. He needs one - - if for nothing else, but to "set him straight."

IAAL