Advice on my house during a divorce

[Rissa88]

I currently live in FL. I am considering a divorce due to verbal abuse. We own a home which was purchased 3 years prior to us getting married. But both my name and his name is on the house 50/50. There was no written agreement or anything of who will get what is we split. My question is this....there is about $100k in the house right now between money put down and equity made. Would the house be considered marital assets since it was owned by us both when we weren’t married or no? And second, I would like to go after half of the amount. I am hoping for it to be split equally. He actually told me the other day that I need to leave the house because se, he is the main owner ( which there is no main owner we are both listed the same) Do I have any chance of getting half the equity if he put more money down at the time we purchased the home he has the bank statements to prove it? And is anything affected since this was purchased prior to marriage?

 

[LdiJ]

I currently live in FL. I am considering a divorce due to verbal abuse. We own a home which was purchased 3 years prior to us getting married. But both my name and his name is on the house 50/50. There was no written agreement or anything of who will get what is we split. My question is this....there is about $100k in the house right now between money put down and equity made. Would the house be considered marital assets since it was owned by us both when we weren’t married or no? And second, I would like to go after half of the amount. I am hoping for it to be split equally. He actually told me the other day that I need to leave the house because se, he is the main owner ( which there is no main owner we are both listed the same) Do I have a chance if he put more money down at the time and he says it has the bank statements to prove it? Is there any affect to the house since it was purchased prior to marriage?

Since you owned the home jointly, both before and after marriage means that you jointly own the property, period. Therefore if the asset is divided via a divorce it would be 50/50 unless you agreed on something different. He is NOT the main owner and you do not have to move out until or unless a judge tells you that you must. If he wants to keep the house he will need to either buy you out with other assets, or refinance the home for enough to pay off the original mortgage (to take you off the loan) and to buy out your share of the equity.

 

[Rissa88]

Since you owned the home jointed, both before and after marriage means that you jointly own the property, period. Therefore if the asset is divided via a divorce it would be 50/50 unless you agreed on something different. He is NOT the main owner and you do not have to move out until or unless a judge tells you that you must. If he wants to keep the house he will need to either buy you out with other assets, or refinance the home for enough to pay off the original mortgage (to take you off the loan) and to buy out your share of the equity.

Thanks for your response. So do you think even though he put more money down on the down payment. That should not affect the outcome of me getting half?

 

[LdiJ]

Thanks for your response. So do you think even though he put more money down on the down payment. That should not affect the outcome of me getting half?

I cannot guarantee that it won't effect the overall property settlement since FL is a equitably property state. However, the odds are not in his favor.