Does she have any legal right to my home equity?? Please help

[Stress Case]

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

Hi.
First post here. Please help if you can.
We were separated in 08 (6 years ago), and officially divorced in 09 (5 years ago). She moved out from the beginning and I continued living in the community property house. As per the MSA the house was supposed to be sold and any POSSIBLE equity from the sale after paying off debts and real estate fees was supposed to be split 50/50. The housing market here in CA crashed and the house sat on the market unsold. Meanwhile I kept making 100% of ALL of the mortgage payments, taxes, insurance, utility bills, all of the maintenance, etc etc. Please keep in mind that I ALSO was required to pay her a large ammount of support (both spousal and child). The value of the home decreased so much that at one point it had zero equity. She agreed verbally to have her name removed from the title and both the 1st and 2nd mortgages. This didn't work because the bank that has the 2nd would not allow it. Their only solution was to have me refinance the loan in my own name at a much higher interest rate (which I could not afford). I also couldn't qualify with the support payments I was having to pay her. Over the past 5 years I tried to sell the home 3 times without success while I continued to pay all 100% of the costs to keep this home looking great so that it would attract a buyer. I hope this all makes sense.
So here we are in 2014 and the house finally sold after trying for the 4th time. Now the housing market has really improved and I will make a few hundred thousand after the escrow closes. She has made ZERO payments during this entire time, not a single dime. I have paid 100% of EVERYTHING including maintenance and repairs in order to make the home attractive to a buyer. The only reason that this house has any equity is because I paid for everything. I say she is entitled to nothing because the house was worth NO equity before. She (and her husband) want half of the equity!! I plan to speak with an attorney but I wanted to hear if anyone agrees or disagrees with me.
Thanks in advance

 

[quincy]

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

Hi.
First post here. Please help if you can.
We were separated in 08 (6 years ago), and officially divorced in 09 (5 years ago). She moved out from the beginning and I continued living in the community property house. As per the MSA the house was supposed to be sold and any POSSIBLE equity from the sale after paying off debts and real estate fees was supposed to be split 50/50. The housing market here in CA crashed and the house sat on the market unsold. Meanwhile I kept making 100% of ALL of the mortgage payments, taxes, insurance, utility bills, all of the maintenance, etc etc. Please keep in mind that I ALSO was required to pay her a large ammount of support (both spousal and child). The value of the home decreased so much that at one point it had zero equity. She agreed verbally to have her name removed from the title and both the 1st and 2nd mortgages. This didn't work because the bank that has the 2nd would not allow it. Their only solution was to have me refinance the loan in my own name at a much higher interest rate (which I could not afford). I also couldn't qualify with the support payments I was having to pay her. Over the past 5 years I tried to sell the home 3 times without success while I continued to pay all 100% of the costs to keep this home looking great so that it would attract a buyer. I hope this all makes sense.
So here we are in 2014 and the house finally sold after trying for the 4th time. Now the housing market has really improved and I will make a few hundred thousand after the escrow closes. She has made ZERO payments during this entire time, not a single dime. I have paid 100% of EVERYTHING including maintenance and repairs in order to make the home attractive to a buyer. The only reason that this house has any equity is because I paid for everything. I say she is entitled to nothing because the house was worth NO equity before. She (and her husband) want half of the equity!! I plan to speak with an attorney but I wanted to hear if anyone agrees or disagrees with me.
Thanks in advance

Unless the agreement was changed (or the terms of the agreement are dependent on her not remarrying), it appears from what you have written that your ex-wife is entitled to 50% of the equity.

You had to pay 100% of the costs on the house because you lived there. Your ex-wife was, I am assuming, paying to live elsewhere.

 

[Ohiogal]

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

Hi.
First post here. Please help if you can.
We were separated in 08 (6 years ago), and officially divorced in 09 (5 years ago). She moved out from the beginning and I continued living in the community property house. As per the MSA the house was supposed to be sold and any POSSIBLE equity from the sale after paying off debts and real estate fees was supposed to be split 50/50. The housing market here in CA crashed and the house sat on the market unsold. Meanwhile I kept making 100% of ALL of the mortgage payments, taxes, insurance, utility bills, all of the maintenance, etc etc. Please keep in mind that I ALSO was required to pay her a large ammount of support (both spousal and child). The value of the home decreased so much that at one point it had zero equity. She agreed verbally to have her name removed from the title and both the 1st and 2nd mortgages. This didn't work because the bank that has the 2nd would not allow it. Their only solution was to have me refinance the loan in my own name at a much higher interest rate (which I could not afford). I also couldn't qualify with the support payments I was having to pay her. Over the past 5 years I tried to sell the home 3 times without success while I continued to pay all 100% of the costs to keep this home looking great so that it would attract a buyer. I hope this all makes sense.
So here we are in 2014 and the house finally sold after trying for the 4th time. Now the housing market has really improved and I will make a few hundred thousand after the escrow closes. She has made ZERO payments during this entire time, not a single dime. I have paid 100% of EVERYTHING including maintenance and repairs in order to make the home attractive to a buyer. The only reason that this house has any equity is because I paid for everything. I say she is entitled to nothing because the house was worth NO equity before. She (and her husband) want half of the equity!! I plan to speak with an attorney but I wanted to hear if anyone agrees or disagrees with me.
Thanks in advance

You are wrong. You have a court order granting her 50% of the equity. She is entitled to that. If things had changed, you should have returned to court and asked for a modification. You never did. pay her the money she is owed. If you don't, you might find yourself on the losing end of a lawsuit.

 

[Bali Hai]

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

Hi.
First post here. Please help if you can.
We were separated in 08 (6 years ago), and officially divorced in 09 (5 years ago). She moved out from the beginning and I continued living in the community property house. As per the MSA the house was supposed to be sold and any POSSIBLE equity from the sale after paying off debts and real estate fees was supposed to be split 50/50. The housing market here in CA crashed and the house sat on the market unsold. Meanwhile I kept making 100% of ALL of the mortgage payments, taxes, insurance, utility bills, all of the maintenance, etc etc. Please keep in mind that I ALSO was required to pay her a large ammount of support (both spousal and child). The value of the home decreased so much that at one point it had zero equity. She agreed verbally to have her name removed from the title and both the 1st and 2nd mortgages. This didn't work because the bank that has the 2nd would not allow it. Their only solution was to have me refinance the loan in my own name at a much higher interest rate (which I could not afford). I also couldn't qualify with the support payments I was having to pay her. Over the past 5 years I tried to sell the home 3 times without success while I continued to pay all 100% of the costs to keep this home looking great so that it would attract a buyer. I hope this all makes sense.
So here we are in 2014 and the house finally sold after trying for the 4th time. Now the housing market has really improved and I will make a few hundred thousand after the escrow closes. She has made ZERO payments during this entire time, not a single dime. I have paid 100% of EVERYTHING including maintenance and repairs in order to make the home attractive to a buyer. The only reason that this house has any equity is because I paid for everything. I say she is entitled to nothing because the house was worth NO equity before. She (and her husband) want half of the equity!! I plan to speak with an attorney but I wanted to hear if anyone agrees or disagrees with me.
Thanks in advance

You owe her 50% equity per your divorce agreement.

This is what happens when you conclude in your own mind what is fair as opposed to what your agreed to legal document requires.

You have $300k equity. I believe a very large portion of that was due to improved market conditions.

 

[single317dad]

I could see the property taxes coming out of the proceeds before division. Everything else? Fuhgeddaboudit.

What are these "other debts" you were to pay with the proceeds?