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sundarimudgirl
recently joined

Reged: 07/07/12
Posts: 1

subtract part of mortgage payment from equity?

#788003 - 07/07/12 02:18 AM

My divorce is awaiting financial settlement to be final. I lived for almost a year in the family home (my husband moved to an apartment) and made the mortgage payments on my own. House was sold a few months ago. I believe I am entitled to recover a portion of the payments I made from his share of the equity, as, at a minimum, these payments reduced the debt on the house and so increased the sales proceeds left after paying off the mortgage. Does anyone have experience with this?

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finz
Carpal \'Tunnel

Reged: 06/17/08
Posts: 6481

Re: subtract part of mortgage payment from equity?

[Re: sundarimudgirl]
#788049 - 07/08/12 01:21 AM

If he had been the one to stay in the house, and you had to spend a similar amount per month on your new abode, would you think that he deserves a larger portion on the split in equity ?

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heddinsleddin
recently joined

Reged: 07/31/11
Posts: 9

Re: subtract part of mortgage payment from equity?

[Re: finz]
#790576 - 08/30/12 02:23 AM

Similar sit she stayed made monthly payment house now for sale and upon sale judge ordered my share of equity will be less half monthly mortgage payments, even tho she filed an injunction keeping me from being able to live there too!!!! So basically I get to make half a house payment on a house I built but don't live in plus pay rent on another place cuz I can't get another home loan til name is off this one!!!! She even brought in a renter, but I do get half of rental income at time of sale!

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asfasf
journeyman

Reged: 02/02/08
Posts: 84

Re: subtract part of mortgage payment from equity?

[Re: heddinsleddin]
#798646 - 01/15/13 10:44 PM

My situation is a little different. I moved out of the house almost 2 years ago, but ex refused to pay any mortgage even though she has a decent job, so I have been paying the full mortgage. My question is, after the house is sold, if she refuses to pay me back half the mortgage, and I go to court, would the judge let me deduct the mortgage payment from the sales proceeds?

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