i want a divorce, he's selling the house, ex wife gets half, am I entitled to any?

[SeekingadviceNV]

I'm living in Nevada and I have been married since June 2012. My husband knows I want a divorce due to his infidelity (I have an abundance of proof) and will not contest the divorce. We have no children. We have one credit card and one car in the same name. We have a joint bank account but I have switched my direct deposit to my own account already. Our home is in his name......and his ex wife's. He has owned the home since 2009 and he and his ex wife were divorced 3 months after buying the home. He is now selling the home (the ex hasn't paid on the home in 4 & 1/2 years) and she's getting half! But I've paid for the last 2 and a half years or more. Am I entitled to any of the money from the sale of the house since I've been paying all this time? Everything else is cut and dry and simple but this part.

Secondly, is still really still entitled to half after not paying a single cent in 4 & 1/2 of the 5 years? Just because her name is on it?

 

[Proserpina]

I'm living in Nevada and I have been married since June 2012. My husband knows I want a divorce due to his infidelity (I have an abundance of proof) and will not contest the divorce. We have no children. We have one credit card and one car in the same name. We have a joint bank account but I have switched my direct deposit to my own account already. Our home is in his name......and his ex wife's. He has owned the home since 2009 and he and his ex wife were divorced 3 months after buying the home. He is now selling the home (the ex hasn't paid on the home in 4 & 1/2 years) and she's getting half! But I've paid for the last 2 and a half years or more. Am I entitled to any of the money from the sale of the house since I've been paying all this time? Everything else is cut and dry and simple but this part.

Secondly, is still really still entitled to half after not paying a single cent in 4 & 1/2 of the 5 years? Just because her name is on it?

Ex wife is still on the deed? Of course she gets her share. Why would she be excluded?

On a similar note, you're okay with making sure he doesn't get at your bank account...but you want some of his house? Please explain?

 

[SeekingadviceNV]

Ex wife is still on the deed? Of course she gets her share. Why would she be excluded?

On a similar note, you're okay with making sure he doesn't get at your bank account...but you want some of his house? Please explain?

Because she only made a few payments and I've made over two and a half years worth of payments into what I thought was an investment on my relationship turned marriage and home. He was on unemployment for a year, while I worked 40+ hours a week paying on this home. He cheated (I thought it was once but just found out there was a whole lot more) any opportunity he got while I was working.

 

[LdiJ]

Because she only made a few payments and I've made over two and a half years worth of payments into what I thought was an investment on my relationship turned marriage and home. He was on unemployment for a year, while I worked 40+ hours a week paying on this home. He cheated (I thought it was once but just found out there was a whole lot more) any opportunity he got while I was working.

Unless they put a huge down payment on the house there may not be much equity at this point.

 

[Just Blue]

Because she only made a few payments and I've made over two years and a half years worth of payments into what I thought was an investment on my relationship turned marriage and home. He was on unemployment for a year, while I worked 40+ hours a week paying on this home. He cheated (I thought it was once but just found out there was a whole lot more) any opportunity he got while I was working.

You are due half the marital assets (1/2 of 1/2 of the increased equity of the home from the time of your marrage).

Don't pay for any property you have little to no rights to.

Kinda curious...Was the reason for STBX last divorce due to cheating? ?

 

[Proserpina]

Because she only made a few payments and I've made over two and a half years worth of payments into what I thought was an investment on my relationship turned marriage and home. He was on unemployment for a year, while I worked 40+ hours a week paying on this home. He cheated (I thought it was once but just found out there was a whole lot more) any opportunity he got while I was working.

Please just dump him. He didn't bother removing his ex and adding you to the deed, and that's essentially ensured that you're going to walk away without much at all.

Except perhaps your dignity - and that's more than money could ever buy.

 

[justalayman]

Because she only made a few payments and I've made over two and a half years worth of payments into what I thought was an investment on my relationship turned marriage and home. He was on unemployment for a year, while I worked 40+ hours a week paying on this home. He cheated (I thought it was once but just found out there was a whole lot more) any opportunity he got while I was working.

why would you think making payments on a home that was jointly owned by your husband and his former wife an investment in your (marital) home?


Why was the home not sold before? How was the home addressed in his prior divorce?

 

[SeekingadviceNV]

Unless they put a huge down payment on the house there may not be much equity at this point.

You do have a point there. There's not much that's going to come from it but I still feel like I shouldn't just walk away. I was just more curious as to Nevada state rights in the matter, if it's even worth the fight is another story.

 

[SeekingadviceNV]

You are due half the marital assets (1/2 of 1/2 of the increased equity of the home from the time of your marrage).

Don't pay for any property you have little to no rights to.

Kinda curious...Was the reason for STBX last divorce due to cheating? ?

That's what I thought. So it's going to be half of his half. I wasn't sure if it goes into thirds now with the first ex. Now it's a matter of finding out what the increased equity is. When they split there was no equity, it's just frustrating that she's still entitled and even more frustrating he never took her name off (he said he couldn't refi and we didn't have the money to get her name off, but she wanted off before there was a profit to be made so I don't understand why if they mutually wanted her name off, she wasn't removed)

STBXs story has always been he caught her chatting with someone else a week before they were to be married and he married her anyway (family had money into the wedding and yadda yadda) I'm finding that story now hard to believe (but he maintains its the truth). He divorced her in the end. Wondering if that part is true as well.

 

[Just Blue]

You do have a point there. There's not much that's going to come from it but I still feel like I shouldn't just walk away. I was just more curious as to Nevada state rights in the matter, if it's even worth the fight is another story.

As Pro said...Walk away with your dignity. That is worth much more that the few dollars you "might" get.

 

[justalayman]

You do have a point there. There's not much that's going to come from it but I still feel like I shouldn't just walk away. I was just more curious as to Nevada state rights in the matter, if it's even worth the fight is another story.

You are due something, if there is something there. Since the home was jointly owned by your husband and his former wife, in your divorce you would be due 1/4 of the total equity (1/2 of husband's share) earned during your marriage which, given the short duration, is not likely to be much, if any.


to make a quick check of what you might be due; research the value of the home at the time of your marriage and the value now. Anything due you would start with the difference. Then subtract what is owed on the home and toss in a guesstimate of the costs of the sale. Now, take the increase in value calculation and subtract the amount owed and costs. Divide the remainder by 4. That will be, very roughly, what would be your share.

Unless there was a large increase in home values in your area during your marriage, it is not likely you will end up with much of anything.

 

[SeekingadviceNV]

why would you think making payments on a home that was jointly owned by your husband and his former wife an investment in your (marital) home?


Why was the home not sold before? How was the home addressed in his prior divorce?

I definitely feel very foolish now in retrospect. You never go into a marriage thinking it's going to end or that you can't trust the person you're with. I always said I'd always keep our own separate accounts and then a mutual one to pay bills and for emergencies and what not, then when I fell in love, all that logic went with it.

It's as the saying goes: "it's a fool who looks for logic in the chambers of the human heart".

Well I've learned my lesson.

They didn't sell before because she was going to keep the house, he couldn't afford it and then he started working overseas and things changed, she moved out because she couldn't afford it and gave it back to him.
More recently when talks about selling the house came up (before the divorce talks) he said he thinks he may have given her the house in their divorce. But when I asked him to get his divorce papers he said he didn't know where they were and then when I said it didn't make sense because if the house was given to her in the divorce, his name would have come off**************he didn't say anything.

 

[Proserpina]

I definitely feel very foolish now in retrospect. You never go into a marriage thinking it's going to end or that you can't trust the person you're with. I always said I'd always keep our own separate accounts and then a mutual one to pay bills and for emergencies and what not, then when I fell in love, all that logic went with it.

It's as the saying goes: "it's a fool who looks for logic in the chambers of the human heart".

Well I've learned my lesson.

They didn't sell before because she was going to keep the house, he couldn't afford it and then he started working overseas and things changed, she moved out because she couldn't afford it and gave it back to him.
More recently when talks about selling the house came up (before the divorce talks) he said he thinks he may have given her the house in their divorce. But when I asked him to get his divorce papers he said he didn't know where they were and then when I said it didn't make sense because if the house was given to her in the divorce, his name would have come off**************he didn't say anything.

You're absolutely right. And I have a feeling that you're going to come out of this situation a lot stronger. That's way more important than money, even though I do see where you're coming from.

I think you're going to be just fine.

 

[SeekingadviceNV]

You are due something, if there is something there. Since the home was jointly owned by your husband and his former wife, in your divorce you would be due 1/4 of the total equity (1/2 of husband's share) earned during your marriage which, given the short duration, is not likely to be much, if any.


to make a quick check of what you might be due; research the value of the home at the time of your marriage and the value now. Anything due you would start with the difference. Then subtract what is owed on the home and toss in a guesstimate of the costs of the sale. Now, take the increase in value calculation and subtract the amount owed and costs. Divide the remainder by 4. That will be, very roughly, what would be your share.

Unless there was a large increase in home values in your area during your marriage, it is not likely you will end up with much of anything.

Thank you. That makes the most sense. There is equity now, there wasn't when we got married. They are trying to list it 25k+ under value to sell it quick. With my calculations it would be almost 9k for 1/4.

 

[SeekingadviceNV]

You're absolutely right. And I have a feeling that you're going to come out of this situation a lot stronger. That's way more important than money, even though I do see where you're coming from.

I think you're going to be just fine.

I also know half of the accumulated debt is mine. Rightfully so. I'm contemplating in the divorce papers telling him to keep my portion of the house and put it towards my portion of the half of the debt. I'm not trying to shake him down or be a gold digger, trust me I've been waaaaay accommodating and very nice in all of this, almost to a fault. But that's how I got myself in this situation in the first place. So I just want to take care of myself and protect myself as I haven't (obviously) in the past. That's why I started the thread. Not to be vindictive.

Thank you, I appreciate that. One day at a time, a LOT stronger, and WISER!