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  • Marital Home

    I was married in October 2005. I moved into my husbands home which he had purchased a year yearlier. His name is on the deed, and he said it was not necessary to have it formally sited a "Marital home" as our marriage certificate is proof of that and I woudl be entitled to equity fom that point onward.

    Is this accurate? of do I need something in writing? Should be split, how is the equity determined? as there were many upgrades ect.....

    He also is paying the financing payments for my truck which I bought and is in my name. Would he be able to demand those payments back should we split?

  • #2
    The house - as long as you live there is considered a matrimonial home and you are entitled to half of it.

    Comment


    • #3
      marital home

      I was told that since I never contributed anything to it that was not the case and I would only be allowed a portion of the equity from the date of marriage onward.

      Is there a certain timeline that applies here? If we have only been married a year, and his name is on the deed, the only thing I have to prove I live here is my marriage certificate and doccuments with my home address.

      I have not contributed anything to the house (principal) but pay towards the expenses ect.... we also have seperate bank accounts. am I still entitled to half???

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      • #4
        you would be entitled to half of the marital home. I have to wonder why after 6 months of marriage you are questioning things. Maybe that's just my perception. If he's paying for your truck I think he could claim unjust enrichment i.e he provided transportation, allowed you to earn a living (work). The law may seem clear cut but it can get very complicated and by the time lawyers debate and dispute everything, your costs will be atrocious; get this taken care of now. Then you can relax and enjoy your new marriage

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        • #5
          Marital home

          Thank you for your insigh. As you say, there are many interpretatoins and until I consult a lawyer, I must continue to learn. I am only confused as I have read, to recognize the equal contribution of each person, the general rule is that the value of any property that you acquired during your marriage and that you still have when you separate must be divided equally, 50-50. Property that you brought with you into your marriage is yours to keep if your marriage ends. Any increase in the value of this property during your marriage must be shared Hence it really is a matrimonial home, not 50/50, meaning his equity when he bought the house is protected.

          Unfortunately I am considering divorice as my husband has become abusive.

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          • #6
            buddaballs, the marital home is treated "special" 50/50 regardless of whom own it prior, or whose name is on the deed.

            You should see a lawyer ASAP, relationships that are marred by abusive can quickly escalate into nasty battles, both emotionally & financially. If he is being physically abusive, run now.

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            • #7
              sorry to hear things aren't going so well; if he has an abusive nature he will try to manipulate and intimidate-personality traits of an abuser. It's about control and winning so if I were you I would consult a lawyer a.s.a.p otherwise you may find yourself with a raw deal. The law is laid out clearly but interpretations and debates by lawyers(the more experience the more money the better the debate) and if a good lawyer can convince a judge to see it their way an entitled spouse can get shafted. I hope that made sense to you. Point is , it can get complicated and messy, costing LOTS!!!!!!!!. figure things out now b/f they get too complicated i.e. spouse hiding money, demanding you sign something , then you'll have to prove you were under duress therefore costing more money.
              I know I sound like I'm ranting but trust me and the members on this forum, it can get VERY ridiculous, frustrating, intimidating, and VERY costly.
              If a person is 'against an abusive spouse' in a court of law it will be about winning for the abusive party not what's right and just--9 times out of 10. Who wins, the lawyers!!!!!!!!

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              • #8
                marital home ..value

                Thank you Grace, you are absolutely right they are the worst kinds of battles as the man usually wants to retain control and hurt you. thats why I am trying to educate myself and refuse to go through a long court case.

                I did consult a lawyer, and he advised me I was entitled to a 50%
                proportion of the equity from the effective marraige date onward - but nothing before.

                If thats the case how will the value be determined with various upgrades we had done; landscaping, deck, finished basement,...many that wer cash deals so I can't prove they were done while we were married.

                Thats my last question! I apologize for the blitz. Its just very confusing to get conflicting information., especailly when you are going through a rough spot.

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                • #9
                  Lawyers do win

                  Thank you for that advice. I did go through the "bitter phase" but that lasted one day. It is not in me and although I was stupid enough to marry a controlling man, I am smart enough to get out now that it has esculated, and know he will fight and spend every penny he has just to WIN or hurt me. So I am more than prepared to just walk away at aloss and not go through the ordeal. Its not worth it, thats for sure! but your life and sanity is.

                  Buddaballs (Noelle*)

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                  • #10
                    Best to have the house professionally appraised by an appraiser (not a real estate agent). That appraiser's report will stand up in court, should it get that far. Hopefully it will not.

                    Count your blessing that you have seen the light, and want out now, no kids involved.

                    And keep on posting!!!

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                    • #11
                      Blessings counted!

                      You are right, staying positive is the BEST! and not messingthings up further and gettng caught up in anger and lowering yourself down standards you are not proud of. Thank Goodness no children were involved!!!!!

                      I will keep a professional appraiser in mind for the valuation. But as my husband bought the house before me, so I am not sure how that appraiser will be able to know what work was done while were married, or if he did it while he lived alone in the house, unmarried.

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                      • #12
                        You have the right attitude. I myself must admit, I've had a few "Kodak" moments throughout my separation and final divorce.

                        Doesn't matter what the home was worth when he bought it. What matters is the value on separation date. Let's say you separate today, the appraiser would value the home as of this day, and that is the value that you would split.

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                        • #13
                          value

                          A professional appraiser is a good idea. But How will they know how much the house was worth BEFORE we got married and what upgrades we did while married? Whats from keeping my husband from saying many things were in place (his) Before we were married? If we are splitting things form the date of marriage onward, how can I prove what upgrades I contributed too if some were paid in cash?

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                          • #14
                            Because it is irrelevant how much the home was worth before, regardless of any upgrades. The only thing that matters is how much the house is worth on separation date. The matrimonial home is treated "special" not like an investment that is valued both at marriage date and separation date. You are entitled to 50% of today's value.

                            If you still don't understand PM me or add me to your MSN, and I will explain it further
                            Last edited by Grace; 04-12-2006, 01:13 PM.

                            Comment


                            • #15
                              Thank you!

                              Thanks Grace, I apprecaite it. I know I must sound like a broken record. The entire 50% thing thorows me off as I was told I am only entitled to 50% of the house from the date of marriage onward as I had NO investmtent in it. Thats was one of the points I was told about the 50/50 rules, if the amounts invested by each parter were unequal that that does not apply. But hey, I can only find that out one way right!

                              Its not like I'd fight for whats NOT mine rightfulyl anyhow. Nor do I expect the pannel to answer all my legal issues, I hope I have not been a pain. But WOW this entire process is sooooooo confussing and I was hoping that educating myself would better prepare me.

                              I"ll email you to add you to my MSN. Thank you for the offer!


                              Noelle

                              Comment

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