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#772025 - 06/16/16 03:18 PM What is fair
Jamesjohn Offline

recently joined

Registered: 06/16/16
Posts: 1
We are about to separate. I have a home that is all paid for and only in my name. I have had a steady job and have paid for everything up until she started getting Social Security which isn't much. My question is this... Is she entitled to half the value of the house? I read somewhere that since she did not contribute an equal share that she is not entitled to half but to a portion that we must agree on. I would appreciate your help.

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#772026 - 06/16/16 04:42 PM Re: What is fair [Re: Jamesjohn]
TJMH Online   content

enthusiast

Registered: 07/17/15
Posts: 338
Unless you owned the house free and clear before your marriage, it's community property and she's entitled to half the present value. What "you" paid for the house (along with any other money either of you earned from employment) during the marriage is considered marital funds, contributed equally by both, no matter whose employment it came from. Doesn't matter whose name is on the deed or the mortgage.

The two of you are free to agree otherwise, but if you ask the court to decide they'll say she's entitled to half.

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#772027 - 06/20/16 03:08 PM Re: What is fair [Re: TJMH]
mskelly Offline

journeyman

Registered: 05/02/16
Posts: 57
TJMH that is not necessarily true. It depends on if you live in a community property state (which I do not). If you don not live in a community property state, then its a whole different ball game and it things are not 50/50.

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#772028 - 07/03/16 03:15 AM Re: What is fair [Re: mskelly]
Maverick55 Offline

recently joined

Registered: 05/24/16
Posts: 17
In my divorce, she got 55% of the assets and I got 55% of the debt.

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#772029 - 08/30/16 07:06 AM Re: What is fair [Re: Maverick55]
loraine Offline

recently joined

Registered: 08/30/16
Posts: 2
In my divorce I got 70% asset as the kids were with me

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