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#769830 - 05/07/15 01:44 AM House and equity split
radtech Offline

recently joined

Registered: 04/15/15
Posts: 1
Hello, first post here.
I am planning a divorce soon and have a quick question. We married in 2005, we will start the divorce in early 2017, meaning married for 12 years. I lived in her prior house for 3 years before getting married, remodled some of it, painted, ect and helped her sell it for more than she would have alone.

She purchased (not us) our current home in 2005, one month prior to our wedding date and she put all the down on it from a HELOC on her old house. Her old house wasn't sold yet prior to our marriage but did sell 2 months into our marriage.
We've refinaced 3 times. The middle time I was added to the DEED, not the mortgage and it stayed that way through our last refi.
I do NOT want to screw her over but I do want some of the equity at divorce. I have put so much wortk into our home it's not even worth wasting your time. Updating-remodle work, not counting maintinence. What do you guys think will happen here? I am looking for 25K of the 70K in equity weve got in it. She can have the rest and the house.

Sound likely?

Thanks!

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#769831 - 06/30/15 07:44 PM Re: House and equity split [Re: radtech]
Traceface Offline

recently joined

Registered: 06/29/15
Posts: 8
Hi! I have the same questions as well and this seems to be the most common. I could be wrong but the research I've found shows it doesn't matter whose name is or isn't on the loan/deed...once you're married, it's BOTH of yours. We need to talk to a lawyer to see what we're entitled to and according to our state laws.

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#769832 - 07/01/15 08:49 PM Re: House and equity split [Re: Traceface]
oldsmom Offline

member

Registered: 06/08/15
Posts: 100
Washington State is a community property state. That means that any equity comingled in the marriage is the property of both the husband and wife, and will be split 50/50 normally during a divorce. The name on the mortgage or deed does not matter, in most circumstances.

There ARE exceptions - like an inheritance that is kept in a single person account by the inheriting spouse can be kept private without being considered community property, in some circumstances.

It would be wise to consult with an attorney.

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