Appreciation of Marital Home

What is the name of your state? Florida

A year and a half ago at the beginning of our divorce process, my spouse said if I didn't refinance (i.e. a new note in my name only) the marital home that he would. I did get approved and he was there at closing to initial papers. Since then, I've been making all mortgage payments on the new mortgage and paid all expenses relating to the house out of the maintenance he gives me. The divorce is still not final (his attorney dropped him for some reason) and my husband is angry that the house has appreciated in value significantly and that I may see as much as $80,000 profit now that I financially need to sell the house. He doesn't think it's fair that he not share in on the appreciation of the house. The Quit Claim Deed was supposed to be done within 30 days after the divorce is final. In fact, he hasn't been interested in doing the Quit Claim ever since he realized how much the house has been appreciating. He has refused my offer of executing the Quit Claim earlier and I think he's counting on sharing in on the house's appreciation. Is this likely to be ruled in his favor? I would appreciate any advice. Thanks.

I am not an attorney, but don't go spending that money just yet...

I am sure one of the lawyers here can give you more info, but it seems as though he would indeed get to split that appreciation.

Hope I am correct in this thinking...

Generally, one is entitled to appreciation for the time their money was tied up in the property and unavailable to them. He hasn't had that money to invest because it was tied up in the house, which he had no use of.

Did he get his equity when you refied? That is normally when one gets the QC.

Is there no exact language in the decree addressing this?

He may not need to give you a quit claim deed. If he was there at closing and signed paperwork then its possible that he is already off the deed. Review your paperwork from the refinance very carefully. I know that when I refinanced my home in my own name it required removing my ex's name from the deed as part of the refinance process. A bank normally won't accept someone having ownership interest in real estate who is not also obligated to the mortgage. It makes their foreclosure processes much more complicated if you default on the loan.

That being said however, that doesn't preclude him being given a share of the equity if the divorce is not yet final.