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Old 01-01-2009, 10:53 PM
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She is entitled to half the equity in the house, regardless of how much equity was there when she moved in. If you were common-law then you would deduct the equity you had when she moved in from the equity when she moved out and that difference would be split. Effectively, the day you married her, you gave her half the equity.

You could try for a claim for unequal division of family property based on it being such a short marriage and her non-contribution, but my understanding is that it a difficult claim to make and you would have quite a burden. For her non-contribution to be compelling, it can't just be that she didn't make a payment, it has to also be along the lines of her doing absolutely nothing and sitting on her hump while you busted your a** - difficult to prove.

It sounds like there can't be much equity in the house if are willing to walk away from it just so she can't get at it. You're leaving your half of the equity on the table and ruining your credit rating in the process by defaulting on the mortgage.

Last edited by dadtotheend; 01-01-2009 at 10:56 PM.
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