Net family property and the equalization payment

[FreeNow]

She is entitled to 1/2(value at time of split - mortgage).

FN

[JMY]

what if there is no mortgage when she moved in, and it was a short term marriage (she lived in the house for less then one year) what is she entitled to then>

[dadtotheend]

Originally Posted by JMY

what if there is no mortgage when she moved in, and it was a short term marriage (she lived in the house for less then one year) what is she entitled to then>

Again, half of the equity unless she agrees otherwise or you successfully argue a a claim for unequal division.

[metro]

If today's value of the house is used and the person who stayed in the house paid the expenses after the other spouse moved out, then the person who paid the expenses can claim half of the mortgage principal, property taxes, insurance and improvements (but not other expenses) that the other spouse is responsible for but didn't pay between move out date and settlement date.

Remind also about half of occupancy rent she might be able to claim...

[metro]

I also wonder why the expense excludes the interest in mortgage..

[ruby]

my ex has offered to settle- to buy me out.. what if i want another 32000 dollars ? what do i have to do if i dont want too settle on the agfreed money that he is offering me?

[JackHill]

I have only been married two years, we own a house together and have no children. My spouse is a waitress, and I am not sure how someone would incorporate tips into her net income? I only make slightly more than my spouse. Combined gross income is less than $100k. Typically how long would spousal support be paid out if we were only married for two years, and considering that my spouse is self sufficient, making a bit less than I, would a judge even bother awarding spousal support? I know that this is all vague speculation.

[cory]

We purchased a new home - moved into it and my ex (then wife) moved out in less than 30 days. Move in June 1st, move out June 30 2010

It is 14 months later - the house just sold. Lawyers are holding money in trust until we come to an agreement, my lawyer doesn't seem to know what she's doing - and it's too late to change now.

So based on previous posts - my ex is entitled to half the equity at the time she moved out - how do you determine the value of the house - at the time she moved out - compare to what it's worth now.?

I made all the mortgage payments, taxes, utilities etc.

thanks - any advice would be greatly appreciated.

[metro]

If you were married when you purchased the house, it's value at separation will be divided half and half no matter who paid down or mortgage.....however, if the marriage is short (less than 4 years), you can claim "unequal division". An appraiser should be able to appraise a house for any time in past, but he/she usually wants to see inside the house. What is left after deducting the mortgage from the value at separation is the amount you split with your ex. This is usually done when Family Net Property is calculated.

[cory]

Since the ownership of the house and the separation was less than 30 days apart ... Is it reasonable to assume that the purchase price of the house would also be the value - since it wasn't even 30 days between the two?? Or would the bank appraisal for our mortgage purposes be the value of the house (it also fell within 30 days of separation.)