nightshiftwitch
Junior Member
What is the name of your state (only U.S. law)? Massachusetts
Hi there. Well, my ex and I were attempting to mediate our divorce but he just stopped going to the appts and refuses to do anything else and says if I want to be divorced I can pay for it. I am in the process of finding and retaining an attorney to get this done. Basic facts- we were together from 2004- 2014 but didn't get married until 2010. No kids together- we each have a child from a previous marriage. When we got together in 2004 we lived in my home that I owned. My home was sold as a short sale due to the market bombing and we bought a home in 2011 but it was only in my STBX's name, due to my dinged credit from the short sale and him being able to get first time home buyer perks. My name is not on the deed or mortgage, but it is on the homestead papers. I moved out of this home in December 2014- I had caught him cheating on me in March 2014, we did the counseling route, he was drinking more and more and becoming violent (not towards me, but he smashed stuff in the house and broke a lot of stuff- police called twice- once by my son and once by my brother but no arrest... small town... he knows all the cops... he was sent to his brother's to "sleep it off". I didn't want him arrested in front of the kids anyways). By August 2014 we decided we needed to divorce, but I needed to stay in district for my son to stay in the school and it was very hard to find a rental. I finally found a rental in December 2014 and moved then- all fall of 2014 he was actively dating someone, we were living in the same house, but not interacting at all. I know a lot of that info has no bearing in the legal aspects of this, I just wanted to give you a sense of where we were at and why I moved and left the home.
SO- we go to mediation and my ex says that he doesn't feel that I am due any of the equity in the house since I "abandoned" the house and the marriage. Yeah... not so much. We had previously agreed on divorce, he had a girlfriend, we had several discussions about my moving out and him wanting to keep the house (I have several emails between the two of us to back that up). The house was purchased as a foreclosed property and we got an amazing deal on it. There is at least $100,000.00 in equity in the house. If I'm not due any of the equity, so be it, but if I am due some I certainly will take it. I am currently renting and would love to have a deposit to put down on a home when my credit is finally in a place to buy. My question then, is this- am I entitled to any of the equity of the home we purchased in my husband's name only during our marriage? Even if I moved out? I do have an appt with a couple lawyers coming up and plan of filing myself since he seems to be perfectly content remaining married to me and living apart... I just want this all done and behind me. It's been long enough. Time to move on.
Thanks in advance to anyone who takes the time to read and comment. I do appreciate it!
Hi there. Well, my ex and I were attempting to mediate our divorce but he just stopped going to the appts and refuses to do anything else and says if I want to be divorced I can pay for it. I am in the process of finding and retaining an attorney to get this done. Basic facts- we were together from 2004- 2014 but didn't get married until 2010. No kids together- we each have a child from a previous marriage. When we got together in 2004 we lived in my home that I owned. My home was sold as a short sale due to the market bombing and we bought a home in 2011 but it was only in my STBX's name, due to my dinged credit from the short sale and him being able to get first time home buyer perks. My name is not on the deed or mortgage, but it is on the homestead papers. I moved out of this home in December 2014- I had caught him cheating on me in March 2014, we did the counseling route, he was drinking more and more and becoming violent (not towards me, but he smashed stuff in the house and broke a lot of stuff- police called twice- once by my son and once by my brother but no arrest... small town... he knows all the cops... he was sent to his brother's to "sleep it off". I didn't want him arrested in front of the kids anyways). By August 2014 we decided we needed to divorce, but I needed to stay in district for my son to stay in the school and it was very hard to find a rental. I finally found a rental in December 2014 and moved then- all fall of 2014 he was actively dating someone, we were living in the same house, but not interacting at all. I know a lot of that info has no bearing in the legal aspects of this, I just wanted to give you a sense of where we were at and why I moved and left the home.
SO- we go to mediation and my ex says that he doesn't feel that I am due any of the equity in the house since I "abandoned" the house and the marriage. Yeah... not so much. We had previously agreed on divorce, he had a girlfriend, we had several discussions about my moving out and him wanting to keep the house (I have several emails between the two of us to back that up). The house was purchased as a foreclosed property and we got an amazing deal on it. There is at least $100,000.00 in equity in the house. If I'm not due any of the equity, so be it, but if I am due some I certainly will take it. I am currently renting and would love to have a deposit to put down on a home when my credit is finally in a place to buy. My question then, is this- am I entitled to any of the equity of the home we purchased in my husband's name only during our marriage? Even if I moved out? I do have an appt with a couple lawyers coming up and plan of filing myself since he seems to be perfectly content remaining married to me and living apart... I just want this all done and behind me. It's been long enough. Time to move on.
Thanks in advance to anyone who takes the time to read and comment. I do appreciate it!
