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equity split

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unbroken1

Junior Member
What is the name of your state? NY

STBX and I are trying to come up with fair settlement agreement. He was removed from the home one year ago due to a domestic violence issue and a stay away order of protection. He has not paid one cent towards the mortgage (which is in his name only) or household expenses since that date. I have paid over $30,000 in mortgage payments alone since he was removed last year. Is it possible for me to get that ENTIRE amount credited to me in the equity split? Also he used marital funds as well as transferred martial property to pay off his pre-marital child support debt ($30,000). Would I be entitled to half this amount credited to me as well ($15,000)? Thanks for your advice.
 


LdiJ

Senior Member
What is the name of your state? NY

STBX and I are trying to come up with fair settlement agreement. He was removed from the home one year ago due to a domestic violence issue and a stay away order of protection. He has not paid one cent towards the mortgage (which is in his name only) or household expenses since that date. I have paid over $30,000 in mortgage payments alone since he was removed last year. Is it possible for me to get that ENTIRE amount credited to me in the equity split? Also he used marital funds as well as transferred martial property to pay off his pre-marital child support debt ($30,000). Would I be entitled to half this amount credited to me as well ($15,000)? Thanks for your advice.
Generally, the person who had the benefit of residing in the home is the person who is responsible for making the mortgage payments. If you got anything credited to you at all, it would be the principal portion of the payment rather than the entire payment.

Yes, if he used marital assets to pay off premarital debt, (during the separation, without your agreement) then you could get that credited to you.
 

Bali Hai

Senior Member
Generally, the person who had the benefit of residing in the home is the person who is responsible for making the mortgage payments. If you got anything credited to you at all, it would be the principal portion of the payment rather than the entire payment.

Yes, if he used marital assets to pay off premarital debt, (during the separation, without your agreement) then you could get that credited to you.
"Generally" the person who had the benefit of residing in the home is the person who is responsible for making the mortgage payments??? When a husband asks this question, you leave out the "generally"!!! What is the difference???
 

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