When separating assets, you must include all assets, IE the equity in the home and it's market value, less any debts, IE the outstanding mortgage.
Let's say that the home was purchased for $200,000, after let's say four years the home is worth $250,000, and this is when he left. A year later it is worth $260,000. You base the equity on the date (year) he left, so you would have to get an appraisal done and have the value estimated for a time frame within the time he left. But for now we'll use made up numbers.
$50,000 is the equity when he left, but when he left you still had a $195,000 mortgage.
I am not 100% sure but I think he would be liable for 1/2 of amount owed, less 1/2 equity. And this would be the buy out amount (IE $72,500).
Anything that you had put into the home since the separation which he did not contribute to, means that he also is not entitled to the associated equity that resulted in that one year, IE the fictitious $10,000).
Just my 2 cents, hope it helps
FL
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